Kuwait Court of Cassation principle number 1728

Failure of the civil claimant to challenge, before the competent court within the time limit, the Public Prosecution’s decision to discontinue the investigation into the offence under Article 44/4 of Law 35 of 1962 (concerning the election of members of the National Assembly). Its effect: the court may not amend the characterisation by adding that charge. Reason therefor. The decision becoming unassailable and acquiring binding authority. Article 104/1, 2 bis of the Criminal Procedure and Trials Law. - The appealed judgment’s rejection of the civil claimant’s request to add a new charge with a response consistent with the provisions of law. The appellant’s criticism in this regard is misplaced.