Kuwait Court of Cassation principle number 690

Procedural parliamentary immunity provided for in Articles 111 of the Kuwaiti Constitution and 20 of Law 12 of 1963 concerning the Internal Rules of the National Assembly. Its meaning: criminal proceedings may not be taken against a member of the National Assembly before permission is issued by the Assembly, except in cases of flagrante delicto. The effect thereof: this prohibition applies only during a session, whether ordinary or extraordinary. The rationale: enabling the member of parliament to perform his parliamentary function. If the session is closed. No immunity. - The member of the National Assembly enjoys that immunity upon his election. Immunity derives from the electoral process. Commencement of proceedings before election and their continuation from his election requires the National Assembly's permission. - The National Assembly's refusal to permit the lifting of immunity. Its meaning: not removing the criminal character of what the member of the National Assembly committed or the impossibility of holding him criminally accountable. Its consequence. Postponing criminal proceedings until parliamentary immunity ceases upon closure of the session. - A ruling that the criminal action may not be heard because the National Assembly refused to lift parliamentary immunity. Its effect: a ruling preceding determination of the merits, which does not prevent continuation of the action. The effect thereof: an appeal in cassation. Impermissible.