Kuwait Court of Cassation principle number 1756

A judgment rendered in the accused's presence. The time limit for appealing it begins on the date of its issuance. Restriction of the accused's liberty by his being in prison. Is not considered an excuse preventing him from lodging an appeal. The reason for this. He may submit his appeal through the prison warden. Article 202 of the Criminal Procedures and Trials Law. Assessment of the excuse for not lodging the notice of appeal within the time limit. For the trial court. Its condition. That it base its assessment on sound reasons. An example. - The time limit for appeal. A matter of public order. The effect of this. It may be invoked at any stage of the case. Raising any defence concerning it for the first time before the Court of Cassation: its condition. That it be based on facts established by the judgment and not require a factual investigation. - Taking the decision to reserve the case for judgment in the presence of the accused and his lawyer. Its effect. The judgment is considered rendered in his presence. The reason for this. The accused must follow up on the issuance of the judgment. - 482 - Criminal Procedures and Trials Second: Appeal and its procedures: 1- Permissibility of appeal. 2- Standing and interest in appeal. 3- Appeal procedures. 4- Scope of appeal. 5- Grounds of appeal. 6- Judgments that may and may not be appealed. 7- Hearing and deciding the appeal. 8- The rule that an appellant shall not be prejudiced by his appeal. 9- Lapse of the appeal. 10- Relativity of the effect of appeal. 11- Waiver of appeal. - 483 - Criminal Procedures and Trials - 484 - Criminal Procedures and Trials 1- Permissibility of appeal:-