Kuwait Court of Cassation principle number 1748

The court's omission to inspect the document forming the subject of the forgery case when hearing it. Vitiates - 479 - Criminal Procedures and Trials the trial proceedings. The rationale therefor: it is an essential trial procedure because that document is the evidence bearing the indications of forgery and must be submitted for examination and discussion at the hearing in the presence of the parties, so that each may express his opinion on it and be assured that it is the document to which his pleading related. The first-instance court's omission to do so and the second-instance court's failure to remedy it. Vitiates its judgment with invalidity. This is not altered by the statement on the sealed document exhibit that the seal was broken, or by the second-instance court's recording in its judgment that it inspected the forged documents. Inspection must take place in the presence of the parties. - The effect of cassation does not extend to the convicted person who was not a party to the appellate proceedings.