Kuwait Court of Cassation principle number 1121

Requiring a lawyer to give testimony in a dispute in which he was retained or consulted. Impermissible. Article 25 of Law 42 of 1964, as amended. The reason therefor: it entails disclosure of his client’s secrets and a breach of the principles and honour of the profession. The effect thereof: invalidity of the testimony and the evidence derived therefrom. - Article 43/3 of the Evidence Law. Its import. Lawyers, physicians, agents and others are prohibited from disclosing what they learned through their profession or capacity, even after the termination of service or cessation of that capacity. The exception: where the fact or information was mentioned to the professional or person holding that capacity with the intent to commit a felony or misdemeanour, giving precedence to the interest in uncovering crimes reaching a degree of gravity warranting release from this prohibition and reverting to the general rule of permissibility. - A lawyer’s disclosure of his client’s secrets is punishable disciplinarily. The reason therefor: breach of the principles and honour of the profession. Article 35 of Law 42 of 1964. - The challenged judgment’s disregard of the appellants’ defence based on the invalidity of the evidence derived from their lawyer’s testimony. Deficiency, unsound inference and infringement of the right of defence requiring its cassation. - 312 - Criminal Law Narcotics offences and the regulation of their use and trafficking therein (Law No. 74 of 1983 concerning Combating Narcotics and Regulating Their Use and Trafficking Therein) - Their possession and custody (in general). - Types of their offences:- 1- Bringing them in and importing them. 2- Their possession with intent to traffic. 3- Their possession with intent to consume. 4- Their possession without intent to traffic or consume. 5- Providing them without consideration. 6- Providing them to others. 7- Preparing a place for consumption. 8- Cultivating a narcotic plant. - Proof of narcotics offences and custody thereof. - Flagrante delicto in the possession and custody of narcotics. - Jurisdiction of narcotics control officers. - 313 - Criminal Law - Therapeutic measures therein. - Assessment of their punishment and refraining from pronouncing punishment therein. - Gradation of punishment for their offences according to the intent behind their possession and custody. - Connection of narcotics offences with customs smuggling offences. - The more favourable law in narcotic substance offences. - 314 - Criminal Law Narcotics offences and the regulation of their use and trafficking therein (Law No. 74 of 1983 concerning Combating Narcotics and Regulating Their Use and Trafficking Therein) - Their possession and custody (in general):-