Kuwait Court of Cassation principle number 1472

An order for restitution was not enacted for punishment or deterrence, but was intended to restore the situation to what it was before commission of the crime. Ordering it depends upon its basis, namely the property remaining in the estate of the offender who embezzled or appropriated it. The judgment's order requiring the appellant to return the appropriated property despite its seizure. An error in the application of the law. - The Court of Cassation may correct an error in the application of the law in favour of the accused even if it was not raised in the grounds of appeal.