Kuwait Court of Cassation principle number 1250

An order placing a person proven to be addicted to narcotics in one of the treatment institutions designated by the Minister of Health for treatment therein, as provided for in Article 33/2 of Law 74 of 1983 concerning the Control of Narcotics. Discretionary for the court. This applies to a person proven to habitually use psychotropic substances. Article 39 of Law 48 of 1987 concerning the Control of Psychotropic Substances. - Judgments ordering placement pursuant to the two aforementioned Articles. May not be appealed. The consequence: challenging them by way of cassation is impermissible. The reason: where appeal is foreclosed, a challenge by way of cassation is a fortiori impermissible. The basis thereof. - It suffices for the court to ascertain that it is dealing with a case in which the offender persistently uses narcotic substances or habitually uses psychotropic substances in order to order his placement in a treatment institution. It may ascertain that condition from all the facts and elements of the case presented to it. - Laws 74 of 1983, as amended, and 48 of 1987. Neither provided a specific definition of addiction, associated it with a particular medical meaning, nor restricted the judge to particular evidence for ordering the measure of placement; they left him free to form his conviction from any evidence in which he has confidence. The reason for this. The legislature's desire to generalize the meaning of addiction and not restrict it to particular pathological symptoms.