Kuwait Court of Cassation principle number 1370

Procedures of the committees investigating ministers and other principals and accomplices pursuant to Law 88/1995 concerning the Trial of Ministers. How to lodge a grievance against them. Before the competent court after three months have elapsed from the date of issuance of the decision. It may determine the matter by rejection, cancellation, or amendment, with the establishment of safeguards. The grievance may be renewed before it six months after determination of the grievance. - Decisions issued by the grievance court. Their nature. Non-contentious orders issued pursuant to its non-contentious authority. They are not regarded as a judgment issued by it pursuant to its judicial authority. Rationale thereof. They do not determine an existing dispute, since no dispute exists during investigations, nor does the court exhaust its authority thereby, as it may consider the new grievance six months after determination of the first grievance. The law also permits the investigating authority to withdraw or amend it, which is incompatible - 371 - Criminal Law with the binding effect accorded to judgments alone. Effect thereof. It may not be challenged by cassation.