Kuwait Court of Cassation principle number 622

Flagrante delicto is a condition attaching to the offence, not to the person of its perpetrator. The existence of external manifestations which themselves indicate that the offence has occurred, or the presence of its witness at the time of its commission, or his perception of its occurrence through one of his senses. Sufficient for that condition to exist whenever it is certain. - The witness seeing his employer, the female appellant, naked, having enabled the other accused to mount her while naked to have intercourse with her. This provides lawful, certain evidence of the occurrence of the witnessed offence of adultery. His not having witnessed the act of penetration itself does not alter this. - The female appellant’s position, indicating her participation with the male appellant in committing the offence of entering a dwelling at night with intent to commit an offence. Entitles an ordinary person to arrest her and hand her over to the police. The challenged judgment’s adherence to this view. Correct in law. The challenge in this respect is a manifestly untenable defence. The court’s disregard of it does not vitiate the judgment. Third: Institution of proceedings, “the complaint”:-