Kuwait Court of Cassation principle number 1898

A judgment rendered in the presence of the accused. Its appeal period commences on the date it is rendered. Restriction of the accused’s liberty by his being in prison. It is not an excuse preventing him from filing a notice of appeal. The reason. He may submit his appeal through the prison warden. Article 202 of the Code of Criminal Procedure and Trials. Assessment of the excuse for failing to file the notice of appeal within the time limit. A matter for the court of merits. The condition thereof. That it base its assessment on sound reasons. An example. - The appeal period. A matter of public order. It may be invoked at any stage of the proceedings. 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 require no 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 deemed rendered in his presence. The reason. The accused must follow up on the delivery of the judgment.