Kuwait Court of Cassation principle number 1001

The rule is that the criminal trial must be based on the oral investigation conducted by the court at the hearing so long as it is possible. Encroachment upon this is impermissible except by the parties' express or implied waiver. Contravention thereof. Deficiency and infringement of the right of defence requiring cassation of the judgment. This is not altered by the fact that the Court of Appeal adjudicates on the basis of the papers and what it hears from the parties and does not conduct an investigation at the hearing, since it is bound to observe the requirements of the right of defence and to undertake an investigative procedure or hear the witnesses requested by the accused. The basis thereof.