Kuwait Court of Cassation principle number 34

The institution of proceedings for the offense of adultery is contingent on submission of a complaint by the victim spouse. Article 109 of the Criminal Procedures and Trials Law. - The victim spouse may prevent the institution of proceedings against the offending spouse, halt the course of proceedings, or halt execution of the final judgment. The condition for that. Application of Article 197 of the Penal Code, as amended. The effect of that. The provisions of Article 194 of the Penal Code do not apply. Its implication is the implied repeal of the provisions of Article 109 of the Criminal Procedures and Trials Law. - The challenged judgment’s rejection of the plea that the criminal action was inadmissible for failure by the female victim to submit a complaint. Legally correct.