Court of Cassation warns against violation of law in public fund cases

The Court of Cassation in Kuwait has reiterated its warning against actions that harm public funds and state resources. It emphasized that government agencies do not function as private property, and individuals cannot bypass the law or engage in unlawful activities for personal gain, even if instructed to do so by superiors, reported Al-Qabas Daily.

In a recent case involving unintentional damage to public funds, the Court of Cassation delivered a clear message to employees, stating that obedience to a superior’s orders does not excuse the violation of the law and is punishable by law. The court emphasized that regardless of the position or authority of the boss, there is no room for blind obedience when it comes to breaking the law.

The ruling, which resulted in fines and the removal of six employees from their positions, stemmed from charges of unintentionally causing harm to public funds through certain transactions. The employees argued that they were merely following orders from their superiors. However, the Court of Cassation affirmed that Article 37 of the penal code does not allow for blind obedience to the extent of violating the law.

The court’s decision serves as a reminder to all public employees that they are responsible for adhering to legal and ethical standards in the execution of their duties. It clarifies that employees cannot hide behind the excuse of following orders when their actions result in harm to public funds or go against the principles of legality and transparency. The judiciary in Kuwait continues to uphold the values of accountability and the rule of law, stressing the need for individuals to exercise personal judgment and refuse to participate in activities that could harm public resources.

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