Kuwait Court of Cassation principle number 826

The Public Prosecution, or whoever acts in its place in misdemeanor cases. Holds the right to institute and conduct criminal proceedings. Articles 9 and 129 of the Criminal Procedure and Trials Code and 53 of Decree-Law No. 23/1990 concerning the organization of the judiciary. The exception. Submission of a complaint by the victim for institution of criminal proceedings. Article 109 of the Criminal Procedure and Trials Code. It may not be extended or applied by analogy. - Publication offenses are not offenses for which the law requires a complaint by the victim. The basis thereof is their difference from the offenses of defamation and insult and the absence of that restriction from Law 3/2006 concerning Press and Publications, provided they are reported within the statutory time limit. - The challenged judgment's conclusion that a complaint must be submitted by the victim or his representative under a special power of attorney. An error in applying the law that vitiates it and requires its cassation. - 295 - Criminal Procedure and Trials