Kuwait Court of Cassation principle number 1114

There is no crime and no penalty except on the basis of a law, and no punishment except for acts subsequent to the entry into force of the law providing for them. The basis thereof: the principle of legality of crimes and penalties. Article 32 of the Constitution. - Matters prohibited from publication and the penalties prescribed for them are specified in Articles 21 and 27 of Law 3 of 2006 concerning Publications and Publishing. - The offense of publishing an article and authorizing it, among the matters prohibited by Article 21 of Law 3 of 2006: those liable to punishment for it are, exhaustively, the editor-in-chief and the writer of the article or the author. The basis thereof: Article 27 of the same Law. - The appellant's speaking at a symposium does not bring him within the description of those liable to punishment pursuant to Articles 21 and 27 of Law 3 of 2006. The reason therefor. Publication and its authorization are technical matters with which persons other than those specialized in them have no concern, and persons other than those specialists cannot properly be held accountable for them. The basis thereof: the need for caution in interpreting criminal laws and not imposing on their wording more than it can bear. - Where the wording of the law is clear and unambiguous. It must be regarded as a faithful expression of the legislature's intent, and it may not be departed from through interpretation or construction. The reason therefor: there is no room for independent interpretive judgment where the applicable text is explicit. The challenged judgment's departure from this view and conviction of the appellant under the provisions of the Publications and Publishing Law. An error in applying the law requiring its cassation. - 363 - Criminal Procedure and Trials First: The absence of a provision in the Criminal Procedure and Trials Law: