Kuwait Court of Cassation principle number 54

The appellate court’s hearing the appeal brought by the Public Prosecution against the judgment in absentia issued by the court of first instance, despite the availability of opposition thereto and the time limit for challenging it by opposition not having expired. Impermissible. The basis for this. - The challenged judgment’s proceeding to decide this appeal despite the absence from the papers of anything indicating that the accused was arrested or personally served with this judgment. An error in the application of the law. - The Court of Cassation’s power to quash the judgment of its own motion in the accused’s interest. The basis for this. - 129 - Criminal Procedures and Trials