Kuwait Court of Cassation principle number 231

Flagrante delicto is a state attaching to the offence, not to the person of its perpetrator. The existence of external manifestations indicating in themselves that the offence has occurred, or a witness being present at its commission or perceiving its occurrence through one of his senses. Sufficient to establish that state whenever it is certain. - Witnesses seeing the accused in the act of committing adultery. Not necessary. It is sufficient to observe him in circumstances leaving no room for doubt that adultery occurred. Arrest by an ordinary person in this situation. A precautionary measure necessitated by necessity. The reason for this. The challenged judgment’s adherence to this view is correct in law. The female appellant’s challenge alleging the nullity of the arrest. Unfounded. An example. – Arrest without a warrant: the state of flagrante delicto (the witnessed offence):