Kuwait Court of Cassation principle number 1033

Scrutinizing the incident in all its legal characterizations and descriptions. Within the authority of the court of merits, even if the correct characterization is the more severe. Condition thereof. No change to the incident upon which the action was brought. - The Public Prosecution’s prosecution of the appellant on the characterization of attempted kidnapping and the court of first instance’s finding that the incident constitutes unlawful detention. The Public Prosecution’s appeal for error in applying the law. The challenged judgment’s making no modification to the incident upon which the action was brought and adopting the characterization of the charge upon which it was brought does not require alerting the defence. The reason therefor. The challenge alleging infringement of the right of defence. Inadmissible.