Kuwait Court of Cassation principle number 1996

The Public Prosecution’s allowing its right—as the prosecuting authority—to appeal against the first-instance judgment to lapse. Its effect. The judgment acquires the force of res judicata and the avenue of challenge by cassation is closed to it. Condition thereof. The judgment rendered on the accused’s appeal must uphold the first-instance judgment. Setting aside or amending the latter judgment permits its challenge by cassation, provided that its challenge is not based on worsening the accused’s position. Example.