Kuwait Court of Cassation principle number 1160

The penalty for the offence of physical possession of the narcotic heroin with intent to traffic. Death. Applying the provision of Article 83 of the Penal Code. The court may substitute life imprisonment for that penalty. The basis thereof. Article 48 of the Penal Code. - The judgment’s imposition of a penalty of fixed-term imprisonment for fifteen years and a fine. An error in applying the law requiring its partial cassation and correction, the imposition of life imprisonment and the cancellation of the fine, even if the prosecution’s appeal contains no challenge to the latter penalty. The basis thereof. The Court of Cassation may - 321 - Criminal Law consider the appeal according to the true nature of the defect affecting the judgment under appeal whenever the ground of appeal is broad enough to encompass it.