Kuwait Court of Cassation principle number 2641

Liability for an unlawful act constituting a crime. The civil action for compensation is not time-barred unless the criminal action is time-barred. The injured party's choice of the civil route to claim compensation for damage arising from the crime rather than the criminal route. Effect thereof. Suspension of prescription in respect of that party for the duration of the criminal trial. Termination of the criminal action by a final judgment therein or termination of the trial for another reason. Resumption of the running of the limitation period for the compensation action from that date. Departure from this. An error in the application of the law requiring cassation of the judgment. - Establishment that the judgment's rejection of the plea that the compensation action was time-barred formed the basis for its proceeding to determine the merits. Implication thereof. Its cassation in this respect entails cassation of its ruling on the merits of compensation.