Kuwait Court of Cassation principle number 113

Summary: - The court’s conclusion, when hearing the criminal action, that the act attributed to the accused does not constitute an offence. This requires it to acquit him and declare that it lacks jurisdiction to hear the civil action founded on that act and brought incidentally to that criminal action, rather than dismiss it. - The challenged judgment’s reversal of the appealed judgment insofar as it dismissed the civil action, and its ruling that it lacked jurisdiction based on the acquittal in the criminal action. Correct. The effect thereof. - A judgment which, contrary to its appearance, terminates the proceedings has the effect of preventing the action from proceeding. It may be challenged by cassation. Example. Rule: It is established that, if the court, when hearing the criminal action, concludes that the act attributed to the accused does not constitute an offence and acquits him of what was attributed to him—as is the case in the present action—the court must in that case declare that it lacks jurisdiction to hear the civil action founded on that act and brought incidentally to that criminal action, rather than dismiss it. Since the challenged judgment adhered to this view and, in the appeal brought by the appellant—the civil claimant—reversed the appealed judgment insofar as it dismissed the civil action and ruled that the court lacked jurisdiction to hear it, it correctly applied the law. The appellant’s contentions in this respect, as well as those concerning the criminal action, are therefore unsound. The court notes that, although the challenged judgment in the civil action declared a lack of jurisdiction to hear it, its final acquittal in the criminal action, on the basis set out above, affects the foundations upon which the civil action was based in a manner capable of binding the civil judge. Accordingly, this judgment, contrary to its appearance, terminates the proceedings and has the effect of preventing the action from proceeding, thereby permitting a challenge to it by way of cassation.