Kuwait Court of Cassation principle number 3929

Misdemeanor cases. Competence to conduct investigations, dispose of cases, and prosecute therein. Vested in the investigators in the Department of Police and Public Security. Felony cases. Fall within the competence of the Public Prosecution. - The Public Prosecution. An integral branch of the executive authority, upon which the laws have conferred judicial authority to investigate crimes and bring proceedings against their perpetrators. - Acts emanating from the prosecution in its capacity as guardian of the public action and supervisor of judicial police officers. Judicial acts emanating from a judicial body, not administrative decisions, whether preceding the institution of proceedings, relating to their course, or connected with enforcement of the judgment therein. The reason for this. - Ascertaining the nature of the decision issued by the Public Prosecution. How this is done. - A decision of the Public Prosecution. Challenging it for violation of the law or a defect of unlawfulness. Does not strip it of its judicial character. - Judicial police acts for which the State is not liable. Confined to orders and measures issued by judicial police officers within the scope of the judicial competence conferred on them by law, such as arrest, search, pretrial detention, and travel bans. - 727 - Obligation - The respondent's reliance, in claiming compensation, on the fault of an investigator of the General Department of Investigations when disposing of the misdemeanor case by bringing another person to trial instead of the actual accused. This act emanating from the public prosecution within the scope of the judicial competence conferred on it by law. Article 102 of the Criminal Procedure and Trials Law. Its effect. The State may not be held liable to pay compensation for it. The challenged judgment's treatment of this conduct as a material act establishing the appellant's liability in his official capacity. An error in the application of the law requiring its cassation.