Kuwait Court of Cassation principle number 112

Summary: - The Criminal Court's ruling not to determine the civil action and relinquishing it to the competent civil court. Article 113 of the Code of Criminal Procedure and Trials. Not appealable. Effect: it may not be challenged by cassation. Reason therefor. Rule: Article 200 of the Code of Criminal Procedure and Trials provides that "Judgments rendered in civil actions by criminal courts may be appealed if they would be appealable had they been rendered by civil courts ....." Article 128 of the Code of Civil and Commercial Procedure provides that "Judgments rendered during the course of proceedings which do not conclude the dispute may not be challenged until the judgment concluding the entire dispute has been rendered ...." Since the Criminal Court did not determine the civil action but relinquished it to the competent civil court pursuant to Article 113 of the Code of Criminal Procedure and Trials, and that ruling is not appealable, it consequently may not be challenged by cassation, according to the jurisprudence of this Court. Where the avenue of appeal is closed, a challenge by cassation is a fortiori impermissible, since it is unacceptable that the legislature should close the avenue of appeal while simultaneously permitting recourse to cassation. Accordingly, the civil claimant's challenge is impermissible, which the Court so rules, with forfeiture of the security deposit.