Kuwait Court of Cassation principle number 2082

Giving effect to settlement or individual pardon. Its condition: that it be granted in respect of one of the offences exhaustively enumerated in Article 240 of the Criminal Procedure Code. Giving such effect: discretionary for the court in offences other than those requiring a complaint from the victim for their prosecution. - The offence of forcible indecent assault. Not among the offences in which settlement or individual pardon is permissible. Waiver in respect thereof has no effect. - The judgment's conclusion that the offence of forcible indecent assault is connected with the offence of entering a dwelling with intent to commit an offence, and its imposition of a single penalty for both. A challenge based on waiver in respect of the latter offence. Unavailing. - The offence of entering a dwelling with intent to commit an offence. Not among the offences requiring a complaint for their prosecution. Giving effect to settlement or individual pardon. Discretionary for the court.