Kuwait Court of Cassation principle number 905

The particulars required in the service document. Their nature. The full name of the person to be served, his profession or occupation, domicile and workplace. Lack of knowledge of his domicile or workplace at the time of service. His last domicile, place of residence or workplace in Kuwait or abroad shall be stated, and the document shall be delivered - 314 - Criminal Procedure and Trials to the Public Prosecution. Contravention thereof. Its effect. Nullity. Its purpose. Facilitating the commencement of inquiries from that place regarding the whereabouts of that person in order to serve him. Failure of serious inquiries to locate him. A copy of the service document shall be delivered to the Public Prosecution. Those inquiries must be recorded in the service document. The reason therefor. Enabling the court to exercise its oversight of the seriousness of the inquiries. Articles 8 and 11 of the Civil Procedure Law. - Documents in criminal matters, including the summons to attend the trial hearing. They must be served personally on the accused. His absence from his place of residence. A copy of the service document shall be delivered to one of his adult male relatives residing with him. His domicile being unknown. A copy of the service document shall be delivered to the Public Prosecution after reasonable effort has been expended to inquire into his aforementioned domicile. Contravention thereof. Its effect. Nullity of the judgment. - Service on the Public Prosecution. An exception. Its implication. - The Court of Appeal. Before deciding the case in the accused's absence, it must ascertain that the registry has duly served him and the other parties with notice of the date of the appeal hearing. The reason therefor. The accused's attendance and presentation of his defense. Its adjudication of the appeal brought by the Public Prosecution without proper service on the accused. Its effect. Nullity.