Kuwait Court of Cassation principle number 1283

Ordering a person proven to be addicted to taking narcotics to be committed to one of the treatment institutions designated by the Minister of Health for treatment therein, as provided in Article 33/2 of Law 74 of 1983 concerning the Control of Narcotics. Discretionary for the court. This applies to persons proven habitually to take psychotropic substances. Article 39 of Law 48 of 1987 concerning the Control of Psychotropic Substances. - Judgments ordering committal pursuant to the two aforementioned articles. May not be appealed. Consequence thereof: challenging them by cassation is impermissible. Reason therefor: where the avenue of appeal is closed, a challenge by cassation is, a fortiori, impermissible. Basis thereof. - It suffices for the court to establish that it is dealing with a case in which the offender persistently takes narcotic substances or habitually takes psychotropic substances in order to order his committal to 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. Did not provide a specific definition of addiction, link it to a particular medical meaning, or restrict the judge to particular evidence for ordering the committal measure, and left him free to form his conviction from any evidence he finds reliable. Reason therefor. The legislature’s desire to generalize the meaning of addiction and not confine it to particular pathological symptoms.