Kuwait Court of Cassation principle number 1053

The right to impose a custodial sentence or to take the therapeutic measure of placement in a treatment institution where addiction is established, as provided for in Article 33/1, 2 of Law 4 of 1983 concerning the combating of narcotics. It is a precautionary measure and not a punishment, and it is a discretionary right of the court of merits. The challenged judgment’s adherence to this view and its not treating the period of placement in the psychiatric institution as a punishment restricting liberty. This accords with what the administrative authority did. Correct in fact and in law. The challenge to it in this regard. Unfounded.