Kuwait Court of Cassation principle number 1091

The appellate court may dispense with hearing witnesses with the consent of the accused or his defence counsel, expressly or implicitly through conduct indicating it. - The court of second instance generally rules on the basis of the papers and conducts no investigation except - 352 - Criminal Procedures and Trials what it considers necessary, and is obliged only to hear the witnesses who should have been heard at first instance. The appellant's requesting that the female victim's testimony be heard before the appellate court without maintaining this request before the court of first instance. His being deemed to have waived it. The court's adjourning the case several times for this reason and abandoning it. No defect. The reason for that. - A request that is unproductive in the case. The court's omission to respond to it. No defect. An example.