Kuwait Court of Cassation principle number 621

Flagrante delicto is a condition attaching to the crime, not to the person of its perpetrator. The existence of external manifestations that in themselves indicate the occurrence of the crime, or a witness’s presence at its commission, or his perceiving its occurrence through one of his senses. - 170 - Penal matters Suffices to establish it where certain. - Witnesses seeing the accused while committing adultery. Not necessary. It suffices to observe him in circumstances leaving no room for doubt that adultery occurred. An arrest made by an ordinary person in this situation. A precautionary measure required by necessity. The reason thereof. The challenged judgment’s adherence to this view is correct in law. The female appellant’s ground of challenge alleging the invalidity of the arrest. Incorrect. An example.