Kuwait Court of Cassation principle number 154

Summary: - The appellant’s failure to object before the court of first instance to the particulars of the indictment or to any formal error or other defect which he considers to have affected it and to request that court to correct it before addressing the merits. A ground of challenge in this regard. Inadmissible. Article 154 of the Criminal Procedure and Trials Law. Rule: Whereas Article (130) of the Criminal Procedure and Trials Law specifies the particulars that must be stated in the indictment by which criminal proceedings are instituted, including a statement of the offence forming the subject matter of the proceedings, by specifying the acts attributed to the accused and everything necessary to identify the offence and state its legal characterization, the implication is that it suffices for its wording to make clear the acts for which the accused is to be tried, without misleading the accused in a manner that frustrates the purposes intended by the law in requiring those particulars. Such is the case in the proceedings under consideration, since the indictment in the present proceedings sets out the charges attributed to each appellant clearly, without ambiguity or obscurity. Moreover, the fourth appellant did not object before the court of first instance to the particulars of the indictment or to any formal error or other defect which he considers to have affected it and request that court to correct it before addressing the merits, as required by Article 154 of the aforementioned Law. Accordingly, what he raises in this regard is inadmissible.