Kuwait Court of Cassation principle number 1551

The penalty for possessing heroin with intent to traffic. Death. Application of Article 83 of the Penal Code. The court may replace that penalty with life imprisonment. Basis thereof. Article 48 of the Penal Code. - The judgment's imposition of fixed-term imprisonment for fifteen years and a fine. Error in applying the law requiring its partial cassation and correction, the imposition of life imprisonment and cancellation of the fine, even if the prosecution's challenge contains no complaint against the latter penalty. Basis thereof. The Court of Cassation may consider the challenge according to the true nature of the defect affecting the challenged judgment whenever the ground of challenge encompasses it.