Kuwait Court of Cassation principle number 1685

The binding authority of a criminal judgment before civil courts. Its conditions: its necessary determination of the act constituting the common basis of the criminal and civil actions, the legal characterization of the act, and its attribution to its perpetrator. Fulfillment of this. Prevents the civil court from reexamining them and requires adherence to them when examining civil rights. - The criminal judgment’s conclusion that the elements of liability, comprising fault and damage of both kinds, are present. Prevents the civil court from reexamining those elements. Contravention of this and dismissal of the compensation action—for - 264 - Civil Procedure the same act and against the person responsible therefor—on the ground that damage has not occurred. An error in the application of the law. Requires its cassation.