المحامي فهد أنور الحداد — LAWYER FAHAD AL-HADDAD
Judicial collection

Cassation principles Penal Law

Ministry of Justice — Court of Cassation — Technical Office · من 1/10/1972 حتى 31/12/2011 · 1,524 available principles

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  1. Principle 1Fixed-term imprisonment referred to in Article 83 of the Penal Code. Its nature: that exceeding three years, namely that imposed in felony matters. The exercise of leniency under that article is confined to felonies, to Penal Law · Source page ٥

  2. - أثر العود

    Principle 2The criterion for classifying offences as felonies and misdemeanours pursuant to Articles 2, 3, 5 of the Penal Code is the penalty prescribed by the statutory provision, not the penalty pronounced by the judge. Its effecPenal Law · Source page ٥

  3. - سقوط الدعوى الجزائية

    Principle 3Charging the appellant with fraud punishable by a misdemeanour penalty while he is a recidivist by reason of having previously been sentenced to a felony penalty. Its effect: he may be sentenced to more than the maximum Penal Law · Source page ٥
  4. Principle 4Interruption of the running of the period upon expiry of which the criminal action is time-barred by charging, investigation or trial proceedings, or by inquiries undertaken against the accused or of which he was officiaPenal Law · Source page ٥
  5. Principle 5Specifying the date of the incident in the judgment. Of no importance so long as the period barring the action has not elapsed since it. Effect thereof.Penal Law · Source page ٦
  6. Principle 6A judgment cannot be rendered in favor of or against a deceased person. - The death of the respondent requires the Court of Cassation to order the cassation of the judgment, the lapse of the first-instance judgment imposPenal Law · Source page ٦
  7. Principle 7The court’s satisfaction that the accused committed the offence. A discrepancy in the date of its commission does not affect his criminal liability for it as long as the criminal action has not become time-barred. A chalPenal Law · Source page ٦
  8. Principle 8The criminal action in felonies lapses upon the passage of ten years from the day the offence occurred. - The running of that period is interrupted by any charging, investigation or trial procedure, whether in the presenPenal Law · Source page ٦
  9. Principle 9The victim’s right to pardon expires upon his death. The reason for this. Its effect: it does not pass to his heirs, and neither his agent nor his guardian may perform any act on his behalf after his death. His mother’s Penal Law · Source page ٦

  10. أولاً: تطبيقه

    Principle 10The accused's death before judgment is rendered in the criminal action. Its effect. Suspension of the proceedings by operation of - 6 - Penal Law law. The reason therefor. The court must record this and rule that the criPenal Law · Source page ٦
  11. Principle 11Choosing between the application of a special law and a general law. Its condition. Identity of the act stipulated in each. Example concerning the offence of illicit profiteering stipulated in Article 47 of Law 31/70 andPenal Law · Source page ١١
  12. Principle 12Penal laws. Their primary objective. Protecting society as a whole without distinction between one person and another. The effect thereof.Penal Law · Source page ١١
  13. Principle 13The provisions regulating the entry of goods into the country pursuant to Decree-Law No. 13/1980 concerning customs do not apply in determining the meaning of bringing in or importing alcoholic beverages under Article 20Penal Law · Source page ١١
  14. Principle 14Connection. Its nature. Article 84 of the Penal Code. Similar incidents. What is required to establish unity of purpose therein. The difference in the right in each incident and its independence. Its effect: absence of cPenal Law · Source page ١١
  15. Principle 15The Criminal Procedure and Trials Law contains no provision specifying the manner of serving documents on prisoners. Article 10 of the Civil and Commercial Procedure Law must be applied, requiring copies of the documentsPenal Law · Source page ١١
  16. Principle 16Substitution of the misdemeanour penalty stipulated in Article 20/2 of Law 1/1993 concerning the protection of public funds for the felony penalty prescribed for the offence of unlawfully appropriating public funds, namePenal Law · Source page ١١
  17. Principle 17Permissibility of challenging a judgment imposing the measure of placement in a social care home for the care of juvenile delinquents. Articles 6, 20 of the Juveniles Law. The reason: it is not among the measures listed Penal Law · Source page ١٢
  18. Principle 18The necessity of referring to the Evidence Law to supplement matters unprovided for in the Criminal Procedures and Trials Law. - Testimony. Its conditions. The witness’s taking the oath in the form prescribed by law or aPenal Law · Source page ١٢
  19. Principle 19The offender's claim to have influence with a judge and his request for money on the basis of that alleged influence. Its sufficiency to establish the offence of requesting a bribe for a public official and exploiting inPenal Law · Source page ١٢

  20. ثانياً: تفسيره

    Principle 20The Code of Procedure. Its application to cases in which a judge is disqualified from hearing - 12 - Penal Law the case, cases in which he may be recused, and recusal procedures. Article 173 of the Code of Procedure. - IPenal Law · Source page ١٢
  21. Principle 21Clarity of the wording of the Penal Code. Departing from it by interpretation or construction. Impermissible.Penal Law · Source page ١٣
  22. Principle 22Caution in interpreting criminal law. Obligatory. Where the wording of the provision is clear, departure from it is impermissible. Analogy in criminal matters. Impermissible. Inquiry into the rationale of legislation. ItPenal Law · Source page ١٣
  23. Principle 24Exercise of a right established by law. Considered a ground of justification if undertaken in good faith. - Analogy in grounds of justification. Permissible. The effect of that is to equate obtaining a cheque by theft, tPenal Law · Source page ١٤
  24. Principle 25The provision in Article 32 of Decree-Law 57/1982 staying all civil and criminal judicial proceedings concerning transactions relating to company shares concluded on deferred terms before its entry into force, in respectPenal Law · Source page ١٤
  25. Principle 26Caution must be exercised in interpreting penal provisions. The wording of a clear provision is a true expression of the legislator's intent. It may not be departed from through interpretation or construction. Example coPenal Law · Source page ١٤
  26. Principle 27The meaning of the term property appearing in Article 45 of Law 31/1970 amending certain provisions of the Penal Code.Penal Law · Source page ١٤
  27. Principle 28What is meant by the term dwelling within the meaning of the Criminal Procedure Code. Its inviolability does not require that it be owned by the person. His possession of it is sufficient. - 14 - Penal LawPenal Law · Source page ١٤
  28. Principle 29The judge must include in his judgment imprisoning a foreign accused an order deporting him from Kuwait after completion of the prison sentence in the two cases of his conviction of a felony or his sentencing to a custodPenal Law · Source page ١٥
  29. Principle 30Islamic Sharia is a principal source of legislation. When its provisions must be applied. - The offence of adultery. One of its two parties must be married.Penal Law · Source page ١٥
  30. Principle 31The territorial and subject-matter jurisdiction of criminal investigation officers, whatever the department in which they work. General and comprehensive, covering all offences throughout the State. Minister of Interior Penal Law · Source page ١٥
  31. Principle 32For imposition of the supplementary penalties set out in Article 16 of Law 1 of 1993 concerning the Protection of Public Funds, the law did not require that the perpetrator of the offense of appropriation of public fundsPenal Law · Source page ١٥
  32. Principle 33The absence from the notice of cassation appeal of the capacity of the person lodging it or the number of the power of attorney authorising him to do so, and the absence from the papers of a power of attorney permitting Penal Law · Source page ١٥
  33. Principle 34The institution of proceedings for the offense of adultery is contingent on submission of a complaint by the victim spouse. Article 109 of the Criminal Procedures and Trials Law. - The victim spouse may prevent the instiPenal Law · Source page ١٦
  34. Principle 35The procedural parliamentary immunity stipulated in Articles 111 of the Kuwaiti Constitution and 20 of Law 12 of 1963 concerning the Standing Orders of the National Assembly signifies: that criminal proceedings may not bPenal Law · Source page ١٦
  35. Principle 36Procedural parliamentary immunity. Its nature: prohibition of taking any criminal procedural measure, whether investigation, search, imprisonment, or any other measure, against a member of the National Assembly before isPenal Law · Source page ١٦
  36. Principle 37Assessment of whether the elements of the offence of attempting, without government permission, to undertake a hostile act against a foreign state are present. A matter of fact. The condition for this. - The material elePenal Law · Source page ١٧

  37. أ- من حيث المكان

    Principle 38Jurisdiction vests in the Kuwaiti judiciary so long as the victim was present in the territory of the State of Kuwait, irrespective of the place where the acts of tampering occurred. The basis for this. - 17 - Penal Law Penal Law · Source page ١٧
  38. Principle 39Establishment that the appellant committed the offences of forgery and complicity within the states of Kuwait and was not tried for any act occurring outside its territory. Its implication: he is subject to the provisionPenal Law · Source page ١٨
  39. Principle 40The Kuwaiti Penal Code. Its scope of application. Territorial. The place of commission of the offence is determined by the place where its material element or part thereof occurs. Example of a kidnapping offence that didPenal Law · Source page ١٨
  40. Principle 42A Kuwaiti committing an offence outside the country. The condition for punishing him upon his return. The offence must be punishable under the law of the country in which it occurred, and the foreign courts must not havePenal Law · Source page ١٨
  41. Principle 43The provisions of the Kuwaiti Penal Code apply to every person who commits, within the territory of Kuwait and its dependencies, any offence stipulated therein, and to every person who commits outside the territory of KuPenal Law · Source page ١٨
  42. Principle 44Offences committed in Kuwait, whether their perpetrator is Kuwaiti or foreign. The Kuwaiti Penal Code applies to them. Article 11 of the Penal Code.Penal Law · Source page ١٨
  43. Principle 45The territorial application of the Penal Code to every offence committed in Kuwait, whoever - 18 - Penal Law its perpetrator may be, Kuwaiti or foreign. The basis therefor. Article 11 of the Penal Code. - Commission of tPenal Law · Source page ١٨

  44. ب- من حيث الزمان

    Principle 47The permissibility of challenging a judgment is governed by the law in force at the time of its issuance. Reason therefor: laws apply to what occurs from the date they enter into force unless they provide for retroactivePenal Law · Source page ١٩
  45. Principle 48The Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War aims to protect civilians present in the territory of the occupied State. - The principle is that the occupying State may not repPenal Law · Source page ١٩
  46. Principle 49The State’s various penal laws. Pursuant to the Fourth Geneva Convention relative to the Protection of Civilian Persons in Time of War. The rule. Their remaining in force during occupation. The exception. Their repeal orPenal Law · Source page ١٩
  47. Principle 51The National Assembly's decision not to approve Decree 35 of 1990 concerning the trial of ministers. It has no effect on its operation. The basis thereof.Penal Law · Source page ٢٠
  48. Principle 52Procedural laws apply from the day of their entry into force to procedures not yet completed, even if relating to offences committed before their entry into force. Example.Penal Law · Source page ٢٠
  49. Principle 53Legislation issued in the absence of parliamentary life. Self-standing laws effective from the date of their issuance. Its condition. Issuance by the supreme de facto authority represented by His Highness the Amir of thePenal Law · Source page ٢٠
  50. Principle 54Procedural laws. Their scope of application. - Laws amending jurisdiction. Their application with immediate effect, in the same manner as procedural law. - A law transferring the jurisdiction of one court to another. ItsPenal Law · Source page
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