Kuwait Court of Cassation principle number 2055

A pardon of the penalty issued by the Emir of the country before determination of the cassation appeal against the judgment imposing it. The matter passes out of the judiciary’s hands. The reason: it is an act of sovereignty that the judiciary has no power to affect or review. - The Amiri Pardon Decree for 2002 provided in its fourth article for applying the pardon rules to the penalty finally imposed on the challenge if the convicted person had challenged the judgment rendered at first instance or on appeal, without the prosecuting authority doing so, up to the date of issuance of the pardon decree. Its effect: the appellant’s inclusion in this pardon does not preclude hearing his challenge. - 555 - Criminal Procedures and Trials