Kuwait Court of Cassation principle number 1034

An appeal places the entire case anew before the Court of Appeal. Its implication. It may give the facts previously presented to the court of first instance their correct characterization without being bound by the Public Prosecution's characterization of them. The condition for that. - The Public Prosecution's bringing the accused on a charge of work killing, and the court of first instance's amending the characterization to negligent killing and convicting him on that basis. The appellate court's consideration of the case on the basis of - 341 - Criminal Procedures and Trials the prosecution's appeal, and its amendment of the characterization to assault resulting in death without adding any material acts to the incident it took as the basis of the new characterization. Drawing the accused's attention to this amendment. Unnecessary, and no infringement of the right of defence.