KCC 546/2016

This case involved the forgery of educational certificates. Issues covered included sentencing and that a guarantee had to be paid before an appeal was accepted/

Background

The office of public prosecution accused three defendants of forging educational certificates and formal documents. The office requested the court to penalize the defendants according to the relevant laws.

The court ruled that the first defendant should be imprisoned for three years. The court acquitted the second and three defendants. The court ruled that the forged documents should be confiscated.

The office and the first defendant appealed the ruling before the court of appeal. The court dismissed the office’s appeal. The court amended the appealed ruling and suspended the announcement of the ruling on the condition that the defendant pay a guarantee of 200 Dinars.

The first defendant appealed the ruling before the court of cassation.

Decision

The court of cassation considered the issues related to the general order. The court said that the defendant had failed to pay the guarantee of 50 Dinars to the Ministry of Justice and therefore the appeal should not be accepted according to Article 11 of Kuwait Law No. 40/1972.