Kuwait Court of Cassation principle number 1242

Acts emanating from the Public Prosecution in its capacity as custodian of the public prosecution action 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. - The respondent’s reliance, in claiming compensation, on the error of the investigator of the General Department of Investigations when disposing of the misdemeanour by committing him for trial instead of the actual accused. This act emanated from the public prosecution within the judicial jurisdiction 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 giving rise to the appellant’s liability in his official capacity. An error in applying the law requiring its cassation.