Kuwait Court of Cassation principle number 1560

Confession in criminal matters. Assessment of its validity and evidentiary value. Within the authority of the trial court. It may accept the accused's confession against himself or against other accused persons at any stage of the investigation, even if he retracts it, whenever it finds it credible. The accused's insistence on its invalidity. A material defence. Requires the court to address and respond to it. - The judgment's recitation of the appellants' confession to suspending the female victim from the room's ceiling fan with the seized shawl, as well as the autopsy report on the female victim's body and the female forensic physician's statements ruling out suspension of the female victim from the fan with the seized shawl. Its acceptance of the foregoing evidence collectively despite its inconsistency, without addressing the appellants' defence that their confession was invalid because it conflicted with truth and reality, and without resolving the contradiction between this confession and the autopsy report and the female forensic physician's statements. Inadequacy of reasoning and contradiction. Require its cassation. - 437 - Criminal Procedures and Trials - The defence or request that the court is not obliged to address and respond to (non-material defence).