Kuwait Court of Cassation principle number 386

The inviolability of the person encompasses his body, clothing, and belongings in his possession. - The inviolability of the dwelling encompasses every place enclosed by a wall or surrounded by any barrier, used or prepared for use as a shelter. Articles 78 and 79 of the Procedures Law. - Searching inviolable things without the consent of the person concerned. Impermissible except in the circumstances provided for by law and subject to the conditions prescribed therein. - An order issued by the Public Prosecution to search the person authorized to be searched does not, according to its wording and purpose, extend beyond what was authorized to be searched, unless the person conducting the search incidentally observes, during - 207 - Criminal Procedures and Trials the search, an ongoing crime in one of the cases of flagrante delicto, or the search results in the seizure of prohibited items constituting a crime. - Searching the dwelling of a person whose person alone was authorized to be searched, without prohibited items being seized in his possession and without a legally recognized state of flagrante delicto, and nevertheless searching his dwelling and seizing narcotic substances and psychotropic substances. A void procedure for exceeding the purpose of the search. The nullity extends to the evidence derived therefrom, and the appellant's confession implicating another accused, the latter's confession implicating a third, and the resulting seizure of prohibited items from each of them are void, as is the evidence derived from the statements of the officer involved in the incident. - The rule in law is that what is founded upon a nullity is itself void. The challenged judgment's contravention thereof. An error in the application of the law and unsound inference requiring its cassation.