Kuwait Court of Cassation principle number 12

Summary: - Article 155 of the Code of Criminal Procedure and Trials. Its import: the court must put the charge to the accused by reading it to him, explaining it to him, and asking him whether he is guilty or not, and inform him that he is not obliged to speak or answer and that his statements may constitute evidence against him. Procedures for organization and guidance. The trial court’s omission of some of them does not entail nullity. Contravention thereof. No nullity. The reason: they were prescribed for organization and guidance. Rule: It is established that the provision of Article 155 of the Code of Criminal Procedure and Trials, that the court puts the charge to the accused by reading it to him and explaining it to him, then asks him whether he is guilty or not, drawing his attention to the fact that he is not obliged to speak or answer and that his statements may constitute evidence against him, was prescribed solely for organization and guidance, and no nullity was attached to its contravention. What the second appellant raises concerning the trial court’s omission of some of these procedures—assuming it occurred—does not entail nullity in the manner asserted by the second appellant in his ground of challenge and is unsound.