Kuwait Court of Cassation principle number 2242

The misdemeanour of insult by publication. The criminal action and the action for compensation arising therefrom must be brought within three months from the date of publication. Basis thereof. Law 3 of 1961. Effect thereof. The action for compensation lapses if not brought within the aforementioned period, unless compelling circumstances exist that prevent its institution. - The rule that the criminal action stays the civil action has no effect on the nature of the time limit prescribed for bringing the action for compensation, which is not subject to suspension, whether or not the criminal action has been brought. - The judgment's basing its ruling that the appellant's right to claim compensation had lapsed on his failure to bring the action within the statutory period stipulated in Article 33 of the Publications Law, which is a forfeiture period and differs from the limitation period for an action for liability for an unlawful act, and its not considering the procedures for initiating the criminal action to be compelling circumstances preventing the institution of the compensation action. No defect.