Kuwait Court of Cassation principle number 1460

A foreigner sentenced to imprisonment for a felony. The judgment must provide for his deportation after serving the sentence. The judgment’s failure to do so. Renders it defective through error in applying the law and requires its partial cassation. Its correction by the Court of Cassation by adding the mandatory supplementary penalty of deportation is not precluded by the Court of Appeal’s conclusion that the respondent alone, without the Public Prosecution, appealed the - 390 - Criminal first-instance judgment and therefore may not be prejudiced by his appeal. The reason for this. - The penalty of deporting a convicted foreigner is not prescribed together with the death penalty and is incompatible with it by the nature of each. The reason for this. - The criterion for aggravating or mitigating punishment is the degree of severity in the hierarchy of penalties. Fifth: Providing an undertaking:-