KCC 985/2017

This case involved sentencing of an individual accused of exploiting their job as a public servant.

Background

The office of public prosecution accused a defendant of exploiting his job as public servant for financial benefit. The office requested the court to penalize the defendant according to the relevant laws.

The court acquitted the defendant.

The office f public prosecution appealed the ruling before the court of appeal. The court dismissed the appealed ruling and ruled that the defendant should be imprisoned for seven years. The court also ruled the defendant should be dismissed from his job and that he should pay 257040 Dinars.

The defendant appealed the ruling before the court of cassation. He said in his grounds of appeal that the ruling had erred in the application of law. He said that the ruling lacked the incriminating evidence.

Decision

The court said that this argument was valid. The court said that the court had applied the rules of Article 16 of Kuwait Law No. 1/1993 on the defendant’s case and failed to explain the way in which the fine value had been calculated.

The court repealed the appealed ruling.