KCC 1342/2017
This case involved whether the elements of the crime of forgery existed.
Background
The office of public prosecution accused two defendants of forging formal documents and participating in forging formal documents. The office requested the court to penalise the defendants according to the relevant laws.
The court ruled that the defendants should be imprisoned for three years and six months and that the documents should be confiscated.
The defendants appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendants appealed the ruling before the court of cassation. They said in their grounds of appeal that the ruling had erred in the application of law. They said that the elements of the crime had not existed in their case.
Decision
The court said that this argument was invalid. The court said that the forgery crime existed once the intention existed to change the facts in formal documents according to Article 257 of t Kuwait Law No. 16/1960. The court said that the two defendants had forged formal documents and therefore the elements of the crime existed in their case.
The court dismissed the appeal and upheld the appealed ruling.