Kuwait Court of Cassation principle number 31

The Criminal Court's jurisdiction over misdemeanours—whose classification is undisputed—connected with the felonies pending before it. Article 135 of the Criminal Procedures and Trials Law. Its necessary consequence: its jurisdiction over facts presented by the prosecuting authority as a felony which the court, after scrutinising them, considers a misdemeanour. The reason for this: considerations of justice and interest, and avoidance of situations of conflict of jurisdiction that may arise. - The legal classification of the incident as the proceedings were instituted in respect of it. Is what determines jurisdiction. - A manifestly unfounded legal defence. The judgment's disregard of it. Does not vitiate it. Example concerning the plea of lack of - 121 - Criminal Procedures and Trials jurisdiction of the court to hear the case.