Kuwait Court of Cassation principle number 1045

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. Condition thereof. That it does not punish the accused for a material incident not stated in the indictment, even if it has a basis in the investigations. - The court’s modification of the characterization of the charge on the basis of facts upon which the action was not brought, and conviction of the appellant on that basis. Vitiates its judgment and requires its cassation. Example.