Kuwait Court of Cassation principle number 1727

The plea of res judicata in criminal matters. What is required for its validity. - Identity of cause requires that the incident for which the accused is being tried be the very same incident that was the subject of the previous judgment. - Identity of cause in the two cases. It is not sufficient that the second incident be of the same type as the first, share its legal characterisation, or that the two incidents be links in a series of similar incidents committed by the perpetrator for a single purpose, if each incident has its own identity and particular circumstances establishing the distinction between them. - The difference in the date and incident of the appellant's importation of the seized narcotic substance in the present case from those in the first felony case. It negates the constituent requirements of the plea that the case is inadmissible for prior adjudication. The judgment's conclusion rejecting that plea. No defect. Example.