Kuwait Court of Cassation principle number 1979

An appeal resubmits the entire case to the court of second instance. The effect thereof. The latter may give the facts their correct legal characterization. The condition for that. That it not charge new acts or increase the punishment where the accused alone is the appellant. - Changing the legal characterization without changing the incident that was before the hearing and was the subject of the pleadings. Its effect. The court is not obliged to draw the accused's attention to this amendment and is not considered to have infringed his right of defence if it does not do so. Example concerning exclusion of the element of coercion from the offence of theft.