Kuwait Court of Cassation principle number 3

The Court of Appeal being seised of the case by virtue of the notice of appeal. It is bound by its contents and by the facts presented to the court of first instance as set out in the charging document. - The Court of Appeal may not address facts not included in the notice of appeal and not presented to the court of first instance. The reason for this. - The offence of entering a dwelling at night without its possessor’s consent with intent to commit an offence therein. A misdemeanour. The challenged judgment’s upholding the Criminal Court’s ruling that it lacked jurisdiction to hear the case. No error. This is not altered by the Public Prosecution’s request to apply Article 255 of the Penal Code without qualification. The reason for this.