Kuwait Court of Cassation principle number 20

The Code of Procedure. Its application to cases in which a judge is disqualified from hearing - 12 - Penal Law the case, cases in which he may be recused, and recusal procedures. Article 173 of the Code of Procedure. - If the judge has given an opinion in the case, pleaded for one of the parties, or written concerning it—even before entering the judiciary—or has previously heard the case as a judge, expert, or arbitrator, or has given testimony therein, his acts and judgment are void even if none of the parties has sought his recusal. Article 102/f of the Code of Civil and Commercial Procedure. The reason for this. - The judge’s participation in the decision issued against the appellant by the Lawyers’ Disciplinary Committee, in his capacity as judicial custodian, declaring lack of jurisdiction—without examining the merits—does not constitute a ground of disqualification when hearing the grievance against the Public Prosecution’s decision to close the investigation concerning the appellant, reversing it and returning the papers to the Public Prosecution, nor does it invalidate the procedures for initiating the case or the judgment rendered in the criminal proceedings. Second: Its interpretation:-