Kuwait Court of Cassation principle number 923

The registry of the appellate court must serve the accused and all other parties with notice of the date of the hearing set for consideration of the appeal. Article 203, Criminal Procedure and Trials. - An endorsement on the case file referring it to another circuit. It does not constitute service. The appellate court's adjudication without serving the accused with notice of the hearing in the legally prescribed manner and without his attendance. Nullity in the proceedings that affected the judgment, rendering it defective and requiring its cassation. - 319 - Criminal Procedure and Trials - 320 - Criminal Procedure and Trials Second: Bringing Actions and the Conduct of Hearings 1- Determination of the case "Trial procedures". 2- The indictment "The charging report". 3- Characterization of the charge:- A- The court is not bound by the prosecution's characterization. B- Impermissibility of amending the characterization on the basis of facts in respect of which proceedings were not instituted. C- Stating the characterization of the charge. D- The legal effect of the characterization of the charge. 4- The hearing record. 5- Constitution of the litigation. 6- Public hearings and public pronouncement of judgment. - 321 - Criminal Procedure and Trials - 322 - Criminal Procedure and Trials 1- Determination of the case "Trial procedures":-