Kuwait Court of Cassation principle number 448

The trial court is not bound by the Public Prosecution's characterisation of the act attributed to the accused. It may scrutinise the incident in all its legal classifications and descriptions and correctly apply the provisions of the law thereto. An example of the trial court's amending the description of the charge from the offence of intentionally refraining from caring for the victim, thereby resulting in his death, criminalised under Article 166 of the Penal Code, to the offence of negligent homicide criminalised under Articles 154, 157 of the same Code.