Kuwait Court of Cassation principle number 1716

The injured party may bring a civil claim in the opposition filed by the accused before the court of first instance. The appealed judgment’s contravention of this and its ruling that the civil claim is impermissible. An error of law - 442 - Criminal requiring its cassation. The rationale therefor. - The rule is that civil rights actions are brought before the civil courts. The exception: bringing them before the criminal court where they are ancillary to criminal proceedings and the right claimed arises directly from a wrongful act constituting an offence that is the subject of the pending criminal proceedings. This permission is absent if that is not fulfilled. - The basis for claiming compensation before the criminal judiciary. That it be for an act punishable by law and that the damage be personal, resulting from that act and connected to it by a direct causal link. The feeling of wounded national pride and what befell the people of Kuwait and their property that arose from the offence. A civil claim for it may not be brought before the criminal court. The rationale therefor. - The criminal courts’ lack of jurisdiction to hear the ancillary civil action. Its relation to public policy requires the court to rule on it of its own motion. - The appealed judgment’s ruling that the civil claim is impermissible coincides in result with a ruling that the criminal judiciary lacks jurisdiction to hear it, and the ground of appeal is unavailing and yields only a purely theoretical interest, requiring dismissal of the appeal.