Kuwait Court of Cassation principle number 1927

An appeal resubmits the entire case to the Court of Appeal. Its import. It may give the facts previously submitted to the court of first instance their correct legal characterization without being bound by the Public Prosecution’s characterization of them. The condition for this. - The Public Prosecution presenting the accused on a charge of intentional killing, and the court of first instance amending the characterization to negligent killing and convicting him on that basis. The appellate court hearing the case on the basis of the Prosecution’s appeal and amending the characterization to assault resulting in death, without adding any physical acts to the incident it adopted as the basis for the new characterization. Drawing the accused’s attention to this amendment. Unnecessary and involves no infringement of the right of defence.