KCC 554/2019

This case involved whether criminal intent existed in the case of an individual who had not declared cash he held when travelling from Kuwait.

Background

The office of public prosecution accused a defendant of failing to report foreign exchange holdings while travelling from Kuwait and also accused him of smuggling. The office requested the court to penalize the defendant according to the relevant laws.  

The court referred the case to the constitutional court.

The constitutional court ruled that Article No. 42 of Kuwait Law No. 106/2013 was unconstitutional and referred the case to the criminal court.

The criminal court ruled that the defendant should be imprisoned for six months unless he paid a guarantee of 500 Dinars. The court ruled that the defendant should pay half of the confiscated amount of money as a fine and that he should be deported from Kuwait after the ruling's execution.

The defendant appealed the ruling before the court of appeal. The court amended the appealed ruling and ruled that the defendant should be imprisoned for four months and upheld the appealed ruling otherwise.