Fraud and Deception under Kuwaiti Law: Legal Definition, Penalties, and Remedies

1. Definition of the Offence of Fraud

Kuwaiti law defines fraud as any conduct in which the offender uses fraudulent means, false statements, or misleading behaviour to induce the victim to hand over money, a document, or a right voluntarily as a result of the deception.

2. The Legal Elements of the Offence

• The physical element: the offender's fraudulent acts or use of unlawful means to deceive the victim, such as:
  • presenting false or forged data or documents;
  • leading the victim to believe in a fictitious project or an unreal financial gain;
  • assuming a false capacity or name.
• The mental element: the offender's intention and bad faith, that is, their will to obtain an unlawful benefit for themselves or another.
• The presumed element: the victim's delivery of the money or thing as a result of that deception.

3. Penalties under the Kuwaiti Penal Code

Article 231 of the Kuwaiti Penal Code No. 16 of 1960 provides:

The penalty is aggravated in the following cases:

• where the offender is a public official or a person charged with a public service;
• where the offence is committed against a vulnerable person or a minor;
• where the offence is committed by an organised group or results in serious harm.

In these cases the penalty may reach imprisonment for five years depending on the aggravating circumstances.

4. Online Fraud and Deception via the Internet

With advances in technology, the forms of fraud have widened to include online fraud, such as fake messages, spoofed websites, and the exploitation of bank card data.

The Cybercrime Law No. 63 of 2015 provides for the punishment by imprisonment and fine of anyone who uses electronic means to obtain another person's data or money by deception.

• The penalty for online fraud may reach imprisonment for 5 years and a fine of up to KD 20,000.
• Sending fraudulent links or stealing bank accounts online constitutes a complete criminal offence.

5. Legal Steps When You Are Defrauded

1. File a formal report at the nearest police station or through the Ministry of Interior's electronic channels.
2. Attach all the evidence: bank transfers, messages, documents, and receipts.
3. Request that the account or transaction be frozen where possible, in coordination with the bank.
4. Follow the investigation before the Public Prosecution until a referral order to the court is issued.
5. Bring a civil claim ancillary to the criminal case to recover the sums obtained by the fraud.

6. Criminal Fraud Distinguished from a Civil Dispute

• Criminal fraud: involves a pre-existing fraudulent intention and deliberate deception leading to the handing over of money, and is punishable by imprisonment.
• Civil default or breach of contract: arises from a commercial dispute or a failure to perform contractual obligations without any fraudulent intention, and is addressed by civil means such as a monetary claim.

7. Legal Basis (per the Kuwait Laws Portal)

• Penal Code No. 16 of 1960 – Articles 231 to 236 on the offence of fraud and deception.
• Cybercrime Law No. 63 of 2015 – the provisions on online fraud and data theft.
• Civil and Commercial Procedure Law – as regards the procedure for a civil claim to recover rights.

For further detail, the full texts may be consulted through the Kuwait Laws Portal.

8. Frequently Asked Questions on Fraud

9. Instructing Lawyer Meshari Obaid Alenezi

Fraud is an offence requiring careful and prompt handling, whether in filing the report or in following the case before the Public Prosecution and the criminal court. Early legal action is a decisive factor in recovering your rights and preventing the offender from dealing with the money.

A specialist lawyer assists you in filing the complaint, gathering the evidence, representing you before the judicial authorities, and claiming compensation before the civil courts.