Kuwait Court of Cassation principle number 1036

An appeal by the Public Prosecution against a judgment of the Criminal Court declaring the criminal action extinguished by the accused's death. Requires the appellate court to rule that the appeal is inadmissible. Contravention thereof. An error in applying the law that does not create a right to appeal in cassation. The reason: if an ordinary appeal is inadmissible, an appeal in cassation is likewise inadmissible. This is not altered by the provision of Article 22 of Law 1 of 1993 concerning the Protection of Public Funds that extinguishment of the criminal action does not preclude the injured entity's right to claim restitution and compensation against the heirs and legatees to the extent that they benefited from the offence. The reason therefor.