Kuwait Court of Cassation principle number 912

The registry of the appellate court must notify the accused and all other parties of the date of the hearing fixed to consider the appeal. Article 203, Criminal Procedures. - The court's ascertainment that the accused has been validly served in law before deciding the case in his absence. Mandatory. Art. 122, Criminal Procedures. - Service upon the imprisoned accused of notice of the appeal hearing directly through the Public Prosecution. His failure to attend and the absence from the papers of anything indicating his official knowledge of the hearing. Requires the court to adjourn - 316 - Criminal Procedures and Trials to serve him again in accordance with the law. Omitting this and adjudicating the case. Nullity and infringement of the right of defence. Requires cassation of the judgment.