Kuwait Court of Cassation principle number 929

What is issued by the prosecution in its capacity as custodian of the public prosecution and supervisor of judicial police officers. Judicial acts issued by a judicial body, not administrative decisions, whether preceding the institution of proceedings, relating to their conduct, or connected with enforcement of the judgment therein. The reason therefor. - Identifying the nature of a decision issued by the Public Prosecution. How this is done. - A Public Prosecution decision. 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. Limited to orders and measures issued by judicial police officers within the scope of the judicial competence conferred upon them by law, such as arrest, search, pretrial detention, and travel bans. - The respondent's reliance, in claiming compensation, on the fault of the investigator of the General Department of Investigations when disposing of the misdemeanour by referring him for trial instead of the actual accused. This act being performed by the public prosecution within the scope of the judicial competence conferred upon it by law. Article 102 of the Criminal Procedure and Trials Law. Its effect. The State may not be held liable in 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 applying the law requiring its cassation. Extinction of the right to compensation: