Kuwait Court of Cassation principle number 1027

The court of merits is not bound by the Public Prosecution’s characterization of the act attributed to the accused. It may scrutinize the incident in all its legal characterizations and descriptions without needing to alert the defence. Condition thereof: that it does not change the material incident set out in the indictment. - The judgment’s conclusion that the accused is an accomplice in the offence of misappropriation of public funds and not a - 339 - Criminal Procedure and Trials principal perpetrator as stated in the indictment. Does not constitute a change in the characterization of the charge.