Kuwait Court of Cassation principle number 691

Procedural parliamentary immunity. Its nature: the prohibition of taking any criminal procedure, whether investigation, search, detention or any other procedure, against a member of the National Assembly before authorization is issued by the Assembly. The exception. Flagrante delicto. The basis for this: Article 11 of the Constitution. - A member of the National Assembly enjoys immunity immediately upon election. Its effect: authorization must be obtained from the Assembly to continue criminal procedures begun before his election. The Assembly's refusal to grant authorization does not mean that the offence is removed or that the member cannot be held criminally accountable. Criminal procedures may be taken if the Assembly's session has concluded. The reason for this. The cessation of parliamentary - 266 - Criminal Procedures and Trials immunity. An example concerning a judgment ruling that the criminal action may not be heard because the National Assembly refused to lift immunity. - A ruling that the criminal action may not be heard because the National Assembly refused to lift the respondent's parliamentary immunity. The nature of this ruling. It is prior to adjudication on the merits and does not prevent the action from proceeding if brought again after procedural parliamentary immunity ceases following the session. It may not be challenged by cassation. The basis for this: Article 17 of Law 40 of 1972. - Assistance of an interpreter: