Kuwait Court of Cassation principle number 15

Summary: - The measure of placing a juvenile in a juvenile care institution. A criminal penalty restricting his liberty. Consequence: depositing the security prescribed in Article eleven of Law 40 of 1972 concerning Cases and Procedures of Cassation Appeals is not necessary for the admissibility of the appeal. - Failure of the appellants to present themselves for enforcement before the day of the scheduled hearing despite having been notified of it. Consequence: forfeiture of the appeal. Rule: The measure of placement in a juvenile care institution provided for in Article six of Law No. 3 of 1983 concerning Juveniles is a criminal penalty in the legal sense that restricts the offender’s liberty. The aforementioned Law—which is a penal law—prescribed it for a particular category of offenders, namely juveniles. Accordingly, the admissibility of an appeal against a judgment imposing it does not require depositing the security prescribed in Article eleven of Law No. 40 of 1972 concerning Cases and Procedures of Cassation Appeals. Article twelve of the latter Law provides that “an appeal lodged by an accused sentenced to a custodial penalty shall be forfeited if he does not present himself for enforcement before the day of the hearing ...”. It is apparent from the papers that the appellants did not present themselves for enforcement of the custodial penalty imposed upon them before the day of the hearing scheduled to consider their appeal, despite having been notified of it. In these circumstances, the appeal lodged by each of them must be declared forfeited.