Kuwait Court of Cassation principle number 1435

A decision to refrain from pronouncing punishment. Its effect: on principal penalties, not on supplementary penalties that must be imposed. - A condition for imposing a supplementary penalty is that the statutory provision prescribing it permits its imposition where a decision is made to refrain from pronouncing punishment. - Where an official is sentenced to a misdemeanour penalty for forgery or bribery. An order dismissing him from office for a period specified in the judgment of not less than 1 year and not more than 5 years. Its basis: Article 70 of the Penal Code. Its condition: the judge must have actually imposed on the perpetrator - 385 - Penal Matters the punishment prescribed by law for the offence. - It is not legally valid to impose this type of supplementary penalty where the court decides to refrain from pronouncing punishment. The reason therefor: refraining from pronouncing punishment is not the court's imposition of a penalty but is, in reality, a determination by the court that the perpetrator committed the offence, warranting a sentence of imprisonment, but the court considered that proceedings should stop at that point because grounds for mitigation existed. Article 81 of the Penal Code. - The court's decision to refrain from pronouncing punishment because grounds for mitigation existed, followed by imposition of the penalty of dismissal from public office. An error in applying the law requiring its correction. Second: Police supervision:-