Money landed in your account by mistake. Why is withdrawing it theft?

Attorney Mohammad Jasem Al-Randi Criminal law

Withdrawing a sum the bank deposited in error, knowing it is not yours, is punishable as theft.

If a bank deposits an amount by mistake into a customer’s account and the customer withdraws it knowing it is not theirs, the act is punishable as theft under articles 217 to 223 of the Kuwaiti Penal Code.

Why theft rather than a civil mistake?

Because the sum never entered the customer’s estate on a lawful basis, and knowing it is not theirs while intending to keep it completes the elements of the offence.

What to do

  • Do not touch the money.
  • Notify the bank in writing as soon as you notice the deposit.
  • Keep proof that you notified them.
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