Kuwait Court of Cassation principle number 856

Appeal by cassation in criminal matters. A personal right of the convicted person, which no one may exercise on his behalf except with his permission. Implication thereof. The appeal must be lodged by him personally or by someone he authorizes for this purpose through a special or general power of attorney empowering the person filing the appeal to exercise this right on his behalf. Contravention thereof. Formal inadmissibility of the appeal. - A lawyer’s filing an appeal in his capacity as agent for the convicted person’s agent. The absence from the record of the power of attorney issued by the convicted person to his agent to determine whether it authorized the agent to file an appeal by cassation and appoint a lawyer for that purpose. Its effect: absence of standing on the part of the person who filed the appeal by cassation. Requires a ruling that the appeal is formally inadmissible. This is not altered by the convicted person’s issuing a power of attorney to the lawyer who filed the appeal, so long as it was after expiry of the appeal period.