Kuwait Court of Cassation principle number 1038

The trial court is not bound by the Public Prosecution's characterization of the act attributed to the accused. It may examine the incident in all its legal classifications and descriptions and correctly apply the provisions of law thereto. An example of the trial court's amendment of the characterization of the charge from the crime of intentionally refraining from caring for the victim, resulting in his death, criminalized under Article 166 of the Penal Code, to the crime of negligent homicide criminalized under Articles 154, 157 of the same Code. - 342 - Criminal Procedure and Trials