Kuwait Court of Cassation principle number 2011

The appellate court, when deciding the appeal brought by the civil claimant concerning his civil rights, may address and discuss the facts of the case as they were presented before the court of first instance. The condition for this: both the civil and criminal actions remain brought before that court and the civil claimant continues to pursue the civil action founded on the same incident. This is not affected by the judgment issued in the criminal action having become final and acquired res judicata effect. The reason for this: although the two actions arose from a single cause, the subject matter of one differs from that of the other. The effect of this: the binding force of the criminal judgment cannot be invoked. - An award of compensation is not necessarily linked to the imposition of a penalty. The effect of this: compensation may be awarded even in the event of acquittal where the act forming the subject matter of the criminal action is established and is correctly attributed to the accused against whom the criminal action was brought. Example. 10- Deeming the appeal as never having been lodged:-