Kuwait Court of Cassation principle number 1952

Hearing the appeal lodged by the Public Prosecution against the judgment rendered in absentia by the court of first instance. Not permissible. The reason: it is subject to opposition or the opposition has not yet been decided. - 532 - Criminal Procedure and Trials - Staying determination of the appeal until the opposition period expires or the opposition is decided. An obligation upon the appellate court. Contravening this and the latter court proceeding to hear the prosecution’s appeal before a judgment is rendered on the opposition lodged by the accused. Renders its judgment defective and requires its cassation.