Kuwait Court of Cassation principle number 1679

The binding authority of a judgment rendered in criminal matters before the civil court. Its scope. The facts necessarily determined by it concerning the occurrence of the act constituting the common basis of the criminal and civil actions, the legal characterization of that act, and its attribution to its perpetrator. - A judgment open to challenge. Its binding authority is provisional and is suspended upon its being appealed until it is adjudged affirmed, whereupon its binding authority returns, or reversed, whereupon that authority ceases. - 262 - Civil Procedure - Suspension of the judgment's binding authority. Its effect. The court before which any dispute determined by that judgment is brought is not bound by that authority so long as the appeal has not been adjudicated before it renders its judgment in the action. - Adjournment of the appeal for an unspecified period. Does not constitute dismissal of the appeal and affirmance of the first-instance judgment. The implication thereof. Binding authority does not return to that judgment. This is not altered by the provision of the Law of Criminal Procedure and Trials that a general amnesty issued by His Highness the Amir for a particular offense or offenses is deemed equivalent to a judgment of acquittal. The reason therefor. The provision of this article does not prevent a claim for civil compensation without being bound by the outcome of the criminal action. The judgment's contravention thereof. An error in the application of the law requiring its cassation.