Kuwait Court of Cassation principle number 63

The Constitutional Court’s ruling that the text of clause 6 of Article 17 of Decree-Law 13 of 1980 concerning Customs(*) is unconstitutional insofar as it deems the transport and possession of prohibited goods, for which the carrier and possessor have not provided proof of lawful importation, to constitute smuggling. A law more favourable to the accused. It must be applied so long as the criminal case remains pending and has not been determined by a final and irrevocable judgment. The basis and reason thereof. The Court of Cassation may quash the judgment of its own motion in the appellant’s interest. Article 10 of Law 40 of 1972 concerning the Cases and Procedures of Appeal by Cassation. A judgment must be rendered partially quashing the judgment and acquitting the appellant of the customs smuggling charge.