Kuwait Court of Cassation principle number 397

The obligation to search a prisoner upon entry into prison. Basis thereof. Law 26 of 1962 regulating prisons. - A police officer may arrest and search without authorization only in flagrante delicto and in the cases exhaustively specified in Article 43 and Articles 53 to 57 of the Criminal Procedures Law. - A prison officer’s searching the accused outside the cases in which this is permissible. Renders it invalid. Effect: reliance may not be placed on the evidence derived from it or on the statements of the person who conducted it. - Conferring investigator status on all prison officers specified in Article 31 of Minister of Interior Decision 25 of 1976 is restricted by Article 9 of the Criminal Procedures Law and its limitation to misdemeanors rather than felonies. - The judgment’s reliance on the officer’s statements despite the invalidity of the procedure he conducted. Renders it defective.