Kuwait Court of Cassation principle number 129

Summary: - The law imposes no restriction on the Public Prosecution’s freedom to initiate criminal proceedings for the offence of impugning the Emir’s rights and disparaging his person. The challenged judgment’s adherence to this approach and rejection of the plea of invalidity of initiating criminal proceedings without a report, an apprehension record or an inquiries report is correct. The challenge thereto in this regard is incorrect. Rule: Whereas the law contains no restriction on the Public Prosecution’s freedom to initiate criminal proceedings for the offence of impugning the Emir’s rights and disparaging his person, of which the appellant was convicted, the judgment, in ultimately rejecting the plea of invalidity of initiating those proceedings without a submitted report, an apprehension record or an inquiries report, adhering to this approach, correctly applied the law. The challenge thereto in this regard is therefore incorrect. Accordingly, as inspection of the case file establishes that it includes a record of the incident dated 18/10/2012 prepared by Captain ..............., contrary to the appellant’s allegation in his ground of challenge, his challenge in this respect has no basis. Furthermore, what he raises in this regard is a criticism of procedures preceding trial, which cannot validly constitute a ground of appeal against the judgment. His challenge is therefore inadmissible.