Kuwait Court of Cassation principle number 1972

The court of merits is not bound by the legal characterization that the Public Prosecution assigns to the incident. Its obligation to scrutinize the incident in all its legal qualifications and descriptions and not to punish the accused for an incident other than that stated in the indictment. - A judgment on appeal affirming or reversing. Articles 208, 209 of the Code of Criminal Procedure and Trials. This signifies that the court of first instance has exhausted its jurisdiction by a judgment it rendered on the merits of the case. - If the appellate court finds an invalidity in the proceedings or the judgment, or finds that it contravenes the law, and reverses the judgment. It must address the merits. Remitting the case to the court of first instance to adjudicate it anew. Not permissible. Contravention thereof: an error in the application of the law requiring its cassation. An example.