Kuwait Court of Cassation principle number 1847

The first-instance judgment, upheld by the challenged judgment, omitting to impose the fine. The appeal in cassation being brought by the convicted person alone, without the Public Prosecution, which did not appeal the first-instance judgment upheld by the challenged judgment. There is no basis for imposing this penalty upon cassation of the judgment. The reason for this: the appellant shall not be prejudiced by his appeal, pursuant to Article 18 of Law 40 of 1972 concerning the Cases and Procedures of Appeal in Cassation. An example. 9- Lapse of the appeal: