Kuwait Court of Cassation principle number 1037

The appellate court's right to scrutinize the incident before it in all its legal classifications and characterizations and to apply the law to it, without being bound by the characterization the prosecution assigns to the act. The reason therefor. That characterization is not final by its nature and does not prevent the court from amending it whenever it considers that the incident should be given its proper characterization. The limit thereof. This must not result in worsening the accused's position if he alone is the appellant. - The court's amendment of the charge by excluding the circumstance aggravating the penalty, without the amendment involving the imputation of a new material fact or the addition of a new element. It does not require alerting the defense. Its imposition of a penalty more severe than that imposed by the appealed judgment for a charge not covered by the prosecution's appeal. An error of law. Requiring its cassation. Example.