Kuwait Court of Cassation principle number 36

Procedural parliamentary immunity. Its nature: prohibition of taking any criminal procedural measure, whether investigation, search, imprisonment, or any other measure, against a member of the National Assembly before issuance of - 16 - Penal Law authorization from the Assembly. The exception. Flagrante delicto. The basis for that: Article 11 of the Constitution. - A member of the National Assembly enjoys immunity upon election. Its effect: authorization must be obtained from the Assembly to continue criminal proceedings begun before his election. The Assembly’s refusal to grant authorization does not mean removal of the offense or that the member cannot be held criminally accountable. Criminal proceedings may be taken if the Assembly’s session is adjourned. The reason for that. Cessation of parliamentary immunity. Example concerning a judgment ruling that the criminal action may not be heard because the National Assembly refused to lift immunity. - A ruling that the criminal action may not be heard because the National Assembly refused to lift the respondent’s parliamentary immunity. The nature of this ruling. It precedes determination of the merits and does not prevent continuation of the action if it is brought again after procedural parliamentary immunity ceases following the session. It may not be challenged by cassation. The basis for that: Article 17 of Law 40 of 1972.