Kuwait Court of Cassation principle number 1881

Deeming the opposition as never having been lodged on the ground that the accused failed to appear despite having been served, where the service document does not specify the capacity of the person who signed it acknowledging receipt and whether or not that person was one of the accused’s relatives residing with him. Its effect. Invalidity of the judgment because the trial was based on defective procedures that deprived the opposing party of his right of defence. - 514 - Criminal Procedure and Trials B- Appeal 1- Judgments that may or may not be appealed. 2- The appeal period. 3- Appeal procedures and the appeal petition. 4- The scope of the appeal. 5- Hearing and deciding the appeal. 6- The devolutive effect of the appeal. 7- The effect of the prosecution’s appeal. 8- The effect of the accused’s appeal. 9- The effect of the civil claimant’s appeal. 10- Deeming the appeal as never having been lodged. 11- Appealing the judgment rendered on the opposition. 12- The obligation to decide the Public Prosecution’s and the accused’s appeals by a single judgment. 13- The reasons for the appellate judgment. 14- Amending the characterization of the charge on appeal. - 515 - Criminal Procedure and Trials - 516 - Criminal Procedure and Trials 1- Judgments that may or may not be appealed:-