Kuwait Court of Cassation principle number 1106

The right of the trial court to refuse to put defence questions to a witness. Its cases. Article 167/2, Procedure. An example of a case in which the court may refuse to put the question. - 356 - Criminal Procedures and Trials Chapter Four Judgments, Their Effects, Challenges Thereto and Their Enforcement. 1- Issuance of judgments and their effects:- - Legality of crimes, punishments and freedoms. First: Where the Criminal Procedure and Trials Law contains no provision. Second: Judges. (Recusal and disqualification and their effect on deliberation and issuance of judgments) Third: Particulars of the judgment. Fourth: Reasons for the judgment:- 1- General rules governing reasons. 2- Non-defective reasons. 3- Defective reasons. 4- Reasons for an acquittal judgment. 5- Reasons for an appellate judgment (cross-reference). 6- Reasons for a death sentence. - 357 - Criminal Procedures and Trials Fifth: Defence:- - The criterion for ascertaining the true nature of the defence. - Infringement of the right of defence. A – What does not constitute it. B- What constitutes it. - The defence or request which the court is not obliged to address and answer (non-material defence). - The defence or request which the court is not obliged to address and answer (material defence). 1 – That it be raised before it unequivocally. 2- That it be possible (supported by reality). 3- That it be necessary for determining the case. 4- That the first-instance judgment whose reasons are adopted has not answered it. 5- That it not be devoid of evidence. 6- That the answer to it not be implicit in the conviction. Sixth: Pleas:- - Standing and interest in the plea. - Types of pleas. 1 – Plea of unconstitutionality. 2- Plea of ignorance of the law. 3- Plea of lack of jurisdiction. 4- Plea that the Kuwaiti Penal Code does not apply. - 358 - Criminal Procedures and Trials 5- Plea of res judicata and the impermissibility of hearing the case because it has previously been adjudicated. 6- Plea of extinction of the criminal proceedings. 7- Plea of exemption from punishment. 8- Plea of impossibility of obtaining the advantage from the crime. 9- Plea that the inquiries were not serious "cross-reference". 10- Plea of invalidity of arrest and search and issuance of the warrant after arrest "cross-reference". 11- Plea of invalidity of the investigative stop. 12- Plea of invalidity of interrogation. 13- Plea of invalidity of the search of the premises. 14- Plea of invalidity of the investigation. 15- Plea of lack of competence of the public prosecutor. 16- Plea of invalidity of the confession. 17- Plea of invalidity of the admission. 18- Plea of invalidity of witness statements. 19- Plea of invalidity of recordings. 20- Plea of invalidity of the presence of fingerprints or traces at the scene of the incident. 21- Plea that the stolen property was not seized. 22- Plea that another committed the crime. 23- Plea that the crime was committed under duress. 24- Plea of lack of knowledge of the nature of the narcotic substance. 25- Plea that the narcotic was planted. - 359 - Criminal Procedures and Trials 26- Plea of lack of knowledge of the victim's status. 27- Plea of lack of knowledge of the female victim's age. 28- Plea of absence of a connection with some of the accused. 29- Plea of absence of criminal intent. 30- Plea of the existence of lawful defence "cross-reference". 31- Pleas concerning denial of commission of the crime. A- Plea that the accusation is indiscriminate. B- Plea denying the accusation. C- Plea that the accusation was fabricated. 32- Plea of invalidity of the trial procedures. 33- Plea of inadmissibility of the appeal because it was lodged by a person without standing. Seventh: Signing and issuance of the judgment. Eighth: Clerical error in the judgment. Ninth: The binding force of the criminal judgment (res judicata – previous adjudication of the case) - The binding force of the non-criminal judgment. Tenth: Suspension of enforcement of the judgment. Eleventh: Nullity of the judgment. Twelfth: Lapse of the judgment. - 360 - Criminal Procedures and Trials - Legality of crimes, punishments and freedoms: