Kuwait Court of Cassation principle number 876

The accused is innocent until his guilt is established in a lawful trial in which he is afforded the guarantees necessary to exercise the right of defence. The basis is Article 34/1 of the Constitution. - Every person accused of a felony must have a lawyer who provides a genuine, not merely formal, defence. This is achieved by his attending the trial, witnessing its proceedings, and positively assisting the accused through whatever grounds of defence he considers appropriate to present after acquainting himself with the circumstances and particulars of the case. Article 120/1 of - 308 - Criminal Procedures and Trials the Criminal Procedures and Trials Law. - The hearing record's failure to establish that the female accused's lawyer examined the case papers. Its effect. Nullity of the trial proceedings, requiring cassation of the judgment.