Kuwait Court of Cassation principle number 1531

A death sentence is issued, like other criminal judgments, by a majority. Article 174 of the Criminal Procedures and Trials Law, which did not require unanimity in a death sentence. Challenging this as invalid. Unfounded. - 429 - Criminal Procedures and Trials - 430 - Criminal Procedures and Trials Fifth: Defence - The criterion in 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 that the court is not obliged to address and answer (non-material defence). - The defence or request that the court is obliged to address or answer (material defence). 1- That it be raised before it unequivocally. 2- That it be possible. 3- That it be necessary for deciding the case. 4- That the first-instance judgment whose reasons have been 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. - The manifestly unfounded defence. - 431 - Criminal Procedures and Trials - 432 - Criminal Procedures and Trials Fifth: Defence - The criterion in ascertaining the true nature of the defence: