Kuwait Court of Cassation principle number 1618

Exemption from punishment owing to the perpetrator's loss of awareness and free choice at the time of committing the act. Its criterion. The appellant's suffering from a psychological illness. Does not establish exemption from liability. A judicial mitigating excuse - its assessment is for the trial court. - The judgment's disregarding a manifestly invalid defence. Does not vitiate it. - 446 - Criminal Procedures and Trials Sixth: Pleas A- Standing and interest in raising a plea. B- Types of pleas: 1- The plea of unconstitutionality. 2- The plea of ignorance of the law. 3- The plea of lack of jurisdictional competence. 4- The plea that the Kuwaiti Penal Code is inapplicable. 5- The plea of res judicata and the bar to hearing the action because it has previously been adjudicated. 6- The plea that the criminal action has lapsed. 7- The plea of exemption from punishment. 8- The plea that obtaining the advantage from the offence is impossible. 9- The plea that the inquiries were not serious (cross-reference). 10- The plea of invalidity of the arrest and search and of issuance of the warrant after the arrest (cross-reference). 11- The plea of invalidity of the stop. 12- The plea of invalidity of the interrogation. - 447 - Criminal Procedures and Trials 13- The plea of invalidity of the search of the premises. 14- The plea of invalidity of the investigation. 15- The plea of invalidity of the public prosecutor's jurisdiction. 16- The plea of invalidity of the confession. 17- The plea of invalidity of the witnesses' statements. 18- The plea of invalidity of the recordings. 19- The plea that there were no fingerprints or traces at the scene of the incident. 20- The plea that the stolen property was not seized. 21- The plea that another person committed the offence. 22- The plea of committing the offence under duress. 23- The plea of lack of knowledge of the nature of the narcotic substance. 24- The plea that the narcotic was planted. 25- The plea of lack of knowledge of the victim's status. 26- The plea of lack of knowledge of the female victim's age. 27- The plea of absence of any connection with some of the accused. 28- The plea of absence of criminal intent. - 448 - Criminal Procedures and Trials 29- The plea of the existence of a situation of lawful defence (cross-reference). 30- Pleas relating to denial of committing the offence:- A- The plea of indiscriminate attribution of the charge. B- The plea denying the charge. C- The plea that the charge was fabricated. 31- The plea of invalidity of the trial proceedings. 32- The plea that the appeal is inadmissible because it was lodged by a person without standing. - 449 - Criminal Procedures and Trials - 450 - Criminal Procedures and Trials A: Standing and interest in raising a plea: