Kuwait Court of Cassation principle number 1005

Assessing the existence of the elements of the offence of attempting, without permission from the government, to carry out a hostile act against a foreign state. A matter of fact. The condition for this. - The material element of the offence. Its nature. - The stages preceding commission of the offence: the stages of resolve and preparatory acts. - No punishment for merely contemplating commission of an offence, resolving to do so, or preparing the preparatory acts for its commission. - The contradiction that vitiates a judgment. Its nature. - Doubt as to the correctness of attributing the charge to the accused suffices as a basis for acquittal. Its condition. - Failure to answer some prosecution evidence does not vitiate the judgment. Its meaning. - The challenged judgment's acquitting the respondent on the basis of his voluntary withdrawal, of his own free choice, from completing the attempted offence and treating it as an unpunishable preparatory act, and extending this to the activity of the remaining respondents as accomplices, ultimately acquitting them. No contradiction. - Factual argument concerning the trial court's authority to assess the evidence in the case. Impermissible before the Court of Cassation.