Kuwait Court of Cassation principle number 561

The offense of sexual intercourse stipulated in Article 187/1 of the Penal Code is punishable by life imprisonment. As for the offense of sexual intercourse stipulated in Article 188/1, its punishment is imprisonment for a term not exceeding fifteen years. Punishing the accused to whom Article 188/1 applies under Article 187/1, and the court's adherence, when assessing punishment, to the lowest limit to which Article 83 permits reduction for the offense stipulated in Article 187/1. An error in the application of the law. This is not altered by the fact that the punishment imposed falls within the range of punishment prescribed by Article 188/1 of the Penal Code. The reason for this.