Kuwait Court of Cassation principle number 1387

Judgments imposing death. The right of the Court of Cassation to review the formal and substantive elements of the judgment. The implication thereof. Its quashing the judgment of its own motion in any case of error in applying the law or nullity, without being bound by the limits of the appeal or the opinion of the Public Prosecution. - The Public Prosecution’s memorandum lacking the signature of the Chief Prosecutor, with only an endorsement by the Advocate General indicating review. No defect. The reason therefor. The Court of Cassation becomes seized of the case merely upon its referral by the appellate court, irrespective of any formal defects affecting the Public Prosecution’s memorandum.