Kuwait Court of Cassation principle number 1517

The accused shall not be prejudiced by his appeal. This means: the Court of Appeal may not increase the penalty of an accused who alone appeals, without the Public Prosecution. Article 13, Criminal Procedure Law. Contravention of this. Error in applying the law. Example. - The criterion for identifying the more severe penalty. The law’s assessment of the principal penalty according to its order in Articles 57, 64 of the Penal Code, not according to the judge’s assessment. - 402 - Penal