Kuwait Court of Cassation principle number 466

The general rule is that the Public Prosecution—or its equivalent in misdemeanor cases—holds the right to institute and conduct criminal proceedings. Their institution on the basis of a complaint submitted by the victim is an exhaustively specified exception. Extending this exception or applying it by analogy. Impermissible. - The offense of causing severe bodily pain. Is not among the offenses for which instituting criminal proceedings requires submission of a complaint. Provided it was submitted within the period prescribed by law. - Submission by the victim or his agent of a report of the incident. Is not invalidated by the former's not having reached the age of majority. Submission of the report does not constitute institution of criminal proceedings. - 121 - Penal Law - The challenged judgment's disregard of the appellant's defense that the procedures for instituting criminal proceedings were invalid because the victim lacked litigation capacity owing to his not having reached the age of majority. Does not vitiate it. The reason: it is a manifestly unfounded defense. This is not altered by the fact that the law requires submission of a complaint for the other offense attributed to the appellant, so long as the penalty for the more serious offense was imposed on the appellant. Fifth: Beating resulting in death:-