Kuwait Court of Cassation principle number 1100

The appellate court rules on the basis of the papers and conducts only such investigations as it deems necessary. - The appellants' making a request to summon the female forensic physician in their defence memorandum submitted at the sole oral hearing before the appellate court, followed by their defence counsel's recording in the hearing minutes that he left the matter to the court's discretion and insisted on acquittal, and the papers containing no indication that the aforementioned request for investigation had previously been made before the court of first instance. Its import. The request to summon the female forensic physician was not unequivocal, and the court cannot be faulted for disregarding it so long as it did not itself consider it necessary. The challenge in this regard is misplaced.