المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Criminal Procedure

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,804 available principles

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  1. Principle 1The determining factor for subject-matter jurisdiction. The legal characterization of the incident as the action was brought. Example of rejecting a plea that the Criminal Court lacks jurisdiction to hear the action.Criminal Procedure · Source page ١١٥
  2. Principle 2The criterion for treating an offence punishable by a fine as a principal penalty as a felony. Example.Criminal Procedure · Source page ١١٥
  3. Principle 3The Court of Appeal being seised of the case by virtue of the notice of appeal. It is bound by its contents and by the facts presented to the court of first instance as set out in the charging document. - The Court of ApCriminal Procedure · Source page ١١٥
  4. Principle 4Jurisdiction of the criminal court to hear the civil action. Its prerequisite. - 115 - Criminal Procedures and TrialsCriminal Procedure · Source page ١١٥
  5. Principle 5A civil action. Jurisdiction over it belongs in principle to the civil courts and, exceptionally, to the criminal courts where the right claimed arises from an offence. The criminal court’s acquittal on the ground that nCriminal Procedure · Source page ١١٦
  6. Principle 6The felony of issuing a cheque without funds to cover payment in respect of a transaction concerning shares conducted on deferred terms. Its adjudication falls within the jurisdiction of the Criminal Court. The arbitratiCriminal Procedure · Source page ١١٦
  7. Principle 7The Court of Appeal’s right to address the merits of the criminal action is conditional upon the court of first instance having adjudicated those merits and exhausted its jurisdiction. A ruling by the court of first instCriminal Procedure · Source page ١١٦
  8. Principle 8Subject-matter jurisdiction is determined by the legal classification under which the criminal action is brought. Not by the type of penalty imposed by the judge after hearing the action.Criminal Procedure · Source page ١١٦
  9. Principle 9The jurisdiction of the criminal court. Its limitation to the offences brought before it. Its jurisdiction to hear the ancillary civil action. An exception. Its basis: the connection between the two actions and the unityCriminal Procedure · Source page ١١٦
  10. Principle 10Bringing a civil action before the criminal court. Its condition: the claim for compensation forming its subject matter must arise from the offence forming the subject matter of the criminal action. Absence thereof: its Criminal Procedure · Source page ١١٦
  11. Principle 11Penal Code. Territorial application to crimes committed in Kuwait, whoever their perpetrator may be. Example: the crime of issuing a cheque without funds. Its elements.Criminal Procedure · Source page ١١٧
  12. Principle 12The offence of possessing liquor with intent to trade in it in a case of recidivism. Punishing its perpetrator with a felony penalty or a misdemeanour penalty. A matter within the trial judge’s discretion. Its classificaCriminal Procedure · Source page ١١٧
  13. Principle 13Nationality matters. Their being regarded as acts of sovereignty falling outside the jurisdiction of the courts. The basis for this.Criminal Procedure · Source page ١١٧
  14. Principle 14The plea concerning the value of the stolen property. Relates to subject-matter jurisdiction and consequently to public policy, and may therefore be raised for the first time before the Court of Cassation. The condition Criminal Procedure · Source page ١١٧
  15. Principle 15The judgment's error in the number of the applicable penal article. Without effect, provided it has described the act, sufficiently stated the incident warranting punishment, and imposed a penalty not exceeding the limitCriminal Procedure · Source page ١١٧
  16. Principle 16A judgment rejecting the plea that the court lacks jurisdiction to hear the action, declaring its jurisdiction, and proceeding to hear it. A judgment not determining the merits of the action. Consequence thereof. It may Criminal Procedure · Source page ١١٧
  17. Principle 17A judgment that the Criminal Court lacks jurisdictional authority to hear the action and that the action is inadmissible entails preventing its continuation before the ordinary judiciary. Effect thereof. It may be challeCriminal Procedure · Source page ١١٨
  18. Principle 18The contention that the criminal courts lack jurisdiction to hear cheque crimes. A manifestly unfounded legal defence. The judgment's omission to respond to it. Does not vitiate it.Criminal Procedure · Source page ١١٨
  19. Principle 19Jurisdiction of the Kuwaiti judiciary. Is established whenever the material element of the offence or one of its components occurs within the territory of the State of Kuwait, together with other offences inseparably conCriminal Procedure · Source page ١١٨
  20. Principle 20The establishment of a special court to hear a particular type of offence, under procedures differing from those contained in the Code of Criminal Procedure and Trials. Its implication. That court has exclusive jurisdictCriminal Procedure · Source page ١١٨
  21. Principle 21Procedural laws. Scope of their application. - Laws amending jurisdiction. Their application with immediate effect, just as with the Procedures Law. - The law's transfer of a court's jurisdiction to another court. Its efCriminal Procedure · Source page ١١٨
  22. Principle 22Bringing an action for civil rights before the criminal court. Its prerequisite. - The jurisdiction of criminal courts to adjudicate the civil action. Its condition. Example concerning the permissibility of an appeal by Criminal Procedure · Source page ١١٨
  23. Principle 23Forgery of official documents committed by the public employee charged with drawing them up. A departure from the duty of public office and a violation of the provisions of the Penal Code. Basis thereof. The arising of dCriminal Procedure · Source page ١١٩
  24. Principle 24The courts’ jurisdiction to hear actions brought before them derives from the authority vested in them. - The court of first instance may, when hearing the action, amend the charge by adding certain facts to it, changingCriminal Procedure · Source page ١١٩
  25. Principle 25Permission to bring a civil action before the criminal court. Its cases. Its dependence on the criminal action where the right claimed arises from harm resulting from the offence for which the criminal action was broughtCriminal Procedure · Source page ١١٩
  26. Principle 26Measures of the committees investigating ministers and other perpetrators and accomplices pursuant to Law - 119 - Criminal Procedure and Trials 88/1995 concerning the Trial of Ministers. How to challenge them: before theCriminal Procedure · Source page ١١٩
  27. Principle 27The rule is that actions for civil rights are brought before the civil courts. The exception: bringing them before the criminal court whenever they are ancillary to the criminal action and the right claimed arises directCriminal Procedure · Source page ١٢٠
  28. Principle 28The jurisdiction of the criminal court. The general rule is that it is confined to hearing the offences brought before it. - 120 - Criminal Procedures and Trials. The exception. Its jurisdiction to hear the civil action Criminal Procedure · Source page ١٢٠
  29. Principle 29The court’s acquittal on the basis that the act attributed to the accused does not constitute an offence. Requires a ruling of lack of jurisdiction in the ancillary civil action. The appellate court’s setting aside the aCriminal Procedure · Source page ١٢١
  30. Principle 30The jurisdiction of the Felony Court over misdemeanours connected with felonies. Its implication: its jurisdiction over the facts submitted to it by the prosecuting authority as a felony which, after examining them, it cCriminal Procedure · Source page ١٢١
  31. Principle 31The Criminal Court's jurisdiction over misdemeanours—whose classification is undisputed—connected with the felonies pending before it. Article 135 of the Criminal Procedures and Trials Law. Its necessary consequence: itsCriminal Procedure · Source page ١٢١
  32. Principle 32A civil action is inadmissible before the Juvenile Court. Article 38 of Law 3 of 1983 concerning Juveniles. The reason: so that the Juvenile Court is not distracted by civil matters from its social function. Trying the jCriminal Procedure · Source page ١٢٢
  33. Principle 33The Kuwaiti judiciary’s jurisdiction to try every person of Kuwaiti nationality who commits an act outside Kuwait punishable under the provisions of the Kuwaiti Penal Code and the law in force in the place where the act Criminal Procedure · Source page ١٢٢

  34. أ – النيابة العامة

    Principle 36Procedural acts. Their validity or invalidity is determined by their antecedents, not their results. - The objection that the incident was investigated by an investigator rather than the Public Prosecution, as a misdemeaCriminal Procedure · Source page ١٢٥

  35. ب – الإدارة العامة للتحقيقات

    Principle 37The judgment’s consideration of the plea that the investigating public prosecutor lacked jurisdiction over the incident of the seizure of the narcotic, and its rejection on grounds sufficient to support that rejection. NCriminal Procedure · Source page ١٢٥
  36. Principle 38The principle is that procedural acts proceed on the basis of appearances and are not invalidated in deference to facts subsequently revealed. - The lack of jurisdiction of the Ministry of Interior investigator becoming Criminal Procedure · Source page ١٢٥
  37. Principle 39The General Department of Investigations. It has the authority to investigate, dispose of cases, and prosecute in misdemeanour matters. Basis thereof.Criminal Procedure · Source page ١٢٥

  38. الأمر بالحضور والإعلان

    Principle 41Adjudication of the criminal action in the accused’s absence. The court must ascertain that he was validly served with notice to attend the hearing set for his trial; otherwise, his trial must be adjourned to a subsequenCriminal Procedure · Source page ١٢٧
  39. Principle 43Service of documents in criminal matters, including the summons to appear. Its manner and procedures and the effect of contravening these procedures.Criminal Procedure · Source page ١٢٧
  40. Principle 44Service through the Public Prosecution. An exception. Recourse to it is not to be had when the domicile of the person to be served is unknown and after sufficient inquiries have been conducted.Criminal Procedure · Source page ١٢٧
  41. Principle 46Adjudicating the appeal in the accused's absence without serving him with notice to attend the hearing set for his trial. Its effect. Nullity of the trial proceedings.Criminal Procedure · Source page ١٢٧
  42. Principle 47The summons to attend the trial hearing. How it is served. The legislature’s intention in requiring the signature of one of the - 127 - Criminal Procedures and Trials adult relatives residing with the person summoned on Criminal Procedure · Source page ١٢٧
  43. Principle 48The principle governing service is that it reaches the certain knowledge of the person summoned to appear through delivery of a copy of the notice to him personally. Presumptive knowledge suffices in some circumstances tCriminal Procedure · Source page ١٢٨
  44. Principle 49Proving matters contrary to the particulars contained in the service report. The means thereof. Challenging them on grounds of forgery. There is no basis for alleging invalidity of service without pursuing this course.Criminal Procedure · Source page ١٢٨
  45. Principle 50Determination of the criminal action in the accused's absence. The court must verify that the accused has been duly served with notice to attend the hearing scheduled for trial; otherwise the trial must be adjourned to aCriminal Procedure · Source page ١٢٨
  46. Principle 51The statement concerning the defendant's residence in the statement of claim. A unilateral declaration. Its effect. - 128 - Criminal Procedures and Trials Altering the truth therein does not constitute forgery. The proceCriminal Procedure · Source page ١٢٨
  47. Principle 52The summons to attend the trial hearing. How it is served. - The requirement that one of the adult male relatives residing with the person summoned to appear sign the copy of the document. The legislature's intention theCriminal Procedure · Source page ١٢٩
  48. Principle 53Service on the accused through the Public Prosecution. When valid: if the domicile of the person summoned is unknown. An example. - Acceptance of the accused’s opposition to the judgment in absentia. Its import.Criminal Procedure · Source page ١٢٩
  49. Principle 54The appellate court’s hearing the appeal brought by the Public Prosecution against the judgment in absentia issued by the court of first instance, despite the availability of opposition thereto and the time limit for chaCriminal Procedure · Source page ١٢٩
  50. Principle 55The accused’s attendance at the appeal hearing despite not having been notified of it. Does not entail nullity. - The failure of the accused or his lawyer to request an adjournment of the appeal hearing. Negates the alleCriminal Procedure · Source page ١٣٠
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