Kuwait Court of Cassation principle number 1997

The Public Prosecution’s appeal of the criminal action transfers it to the court of second instance. - The appellate court may uphold the appealed judgment or amend it in favour of or against the accused. - Restricting the Public Prosecution’s appeal by any restriction. Impermissible unless the notice specifies an incident other than the incidents at trial or one accused rather than the accused persons in the case. - The Prosecution’s appeal is delimited by its subject matter, not its grounds. - The challenge to the contested judgment for punishing the appellants after the first-instance judgment had decided to refrain from pronouncing punishment upon them is without basis. This is not altered by their insistence that the Public Prosecution’s appeal is confined to the first-instance judgment’s omission to impose the penalties of dismissal from office and a fine. The reason for this. 8- Effect of the accused’s appeal:-