Kuwait Court of Cassation principle number 1990

The appellate court’s hearing of the appeal brought by the Public Prosecution against the default judgment rendered by the court of first instance, despite opposition to it being permissible and the time limit for challenging it by opposition not having expired. Impermissible. The basis for that. The challenged judgment’s proceeding to determine this appeal despite the papers containing nothing indicating the accused’s arrest or personal service of this judgment upon him is an error in applying the law. - The Court of Cassation’s power to quash the judgment of its own motion in the accused’s interest. The basis for that. - 539 - Criminal Procedures and Trials