Kuwait Court of Cassation principle number 824

The Court of Appeal is seised of the case on the basis of the notice of appeal. Its implication: it is bound by its contents and by the facts presented to the court of first instance as stated in the charging document. Example. - The Criminal Court’s ruling that it lacks jurisdiction to hear the offence of entering a dwelling at night with intent to commit an offence, which is a misdemeanour under Article 255/1, 2 of the Penal Code. Correct. This is not altered by the Public Prosecution’s reference in the charging document to the application of Article 255 of the Penal Code without qualification, so long as it did not mention the circumstance of carrying a weapon in the description.