Kuwait Court of Cassation principle number 700

Assessment of the accused’s mental condition. A factual matter. For its ruling to be sound. Appointment of an expert to determine the existence or absence of this condition. If it does not do so, it must state sound reasons on which its ruling rejecting this request is based, and the condition thereof: that it sees in the circumstances and facts of the case and the accused’s condition what confirms to it that his mental faculties are sound. - The first-instance judgment’s statements and the challenged judgment’s addition of matters from which it does not necessarily follow that the female appellant was not suffering from a mental illness at the time of the incident, without examining the female appellant’s defense to determine her mental condition at the time of the incident. Its effect. Vitiates the judgment in a manner requiring its quashing. Example. R – Identification: