Kuwait Court of Cassation principle number 168

Misdemeanor cases. Competence to conduct investigations, dispose of cases and prosecute therein. Vested in investigators in the Police and Public Security Department. Felony cases. The Public Prosecution has jurisdiction over them. - 52 - Administrative - The Public Prosecution. An integral branch of the executive authority upon which the laws have conferred judicial authority to investigate crimes and bring proceedings against their perpetrators. - What emanates from the Prosecution in its capacity as custodian of the public prosecution action and supervisor of judicial police officers. Judicial acts emanating from a judicial body, not administrative decisions, whether preceding the bringing of proceedings, relating to their course, or connected with enforcement of the judgment therein. The reason for this. - Identifying the nature of a decision issued by the Public Prosecution. How this is done. - A decision of the Public Prosecution. Challenging it for violation of the law or for a defect of illegality. Does not divest it of its judicial character. - Judicial police acts for which the State is not liable. Their restriction to orders and procedures issued by judicial police officers within the scope of the judicial competence conferred upon them by law, such as arrest, search, pretrial detention and travel bans. - The respondent's reliance, in claiming compensation, on the error of the investigator of the General Department of Investigations when disposing of the misdemeanor by referring him for trial instead of the actual accused. This act emanated from the public prosecuting authority within the scope of the judicial competence conferred upon it by law. Article 102 of the Criminal Procedure and Trials Law. Its effect. The State may not be held liable in compensation for it. The challenged judgment's treatment of this conduct as a material act giving rise to the appellant's liability in his official capacity. An error in the application of the law requiring its cassation.