Kuwait Court of Cassation principle number 26

Measures of the committees investigating ministers and other perpetrators and accomplices pursuant to Law - 119 - Criminal Procedure and Trials 88/1995 concerning the Trial of Ministers. How to challenge them: before the competent court after three months from the date of the decision. It may decide either to reject, annul or amend, while prescribing safeguards. A further challenge may be brought before it six months after determination of the challenge. - Decisions issued by the court hearing the challenge. Their nature. Non-contentious orders issued in exercise of its non-contentious authority. They are not judgments issued in exercise of its judicial authority. The reason for this. They do not determine existing litigation, since there is no litigation during investigations, nor does the court exhaust its jurisdiction thereby, as it may hear a new challenge six months after determining the first challenge. The law also permits the investigating authority to depart from it or decide upon it, which is inconsistent with the res judicata effect reserved for judgments alone. Effect. It may not be appealed in cassation.