Kuwait Court of Cassation principle number 254

The female appellant and the second accused committing a single act resulting in two offences for each of them, the female appellant being a principal perpetrator of the offences of adultery and consenting to sexual intercourse, and the second accused being an accomplice in the offence of adultery and a principal perpetrator of the offence of consensual sexual intercourse. The female appellant's husband's waiver in the adultery offence entails: extending the effect of the waiver to the accused wife and her accomplice, the second accused, in respect of other offences arising from the same act constituting this offence, even if the husband did not mention this in his waiver. The rationale thereof. - The preclusion of trying the principal perpetrator of the offence of adultery for his offence. Its necessary consequence: the preclusion of trying the accomplice. The rationale thereof. Contravening this requires cassation of the challenged judgment. - 63 - Penal matters Complicity (the accomplice)