Kuwait Court of Cassation principle number 194

Summary: - The appellate court may set aside the appealed judgment if it finds a substantive defect or an irremediable formal defect in it, or finds it contrary to law, whether the appellant invoked those defects or the court noticed them of its own motion. Consequence: it must issue a new judgment in the case without being bound by anything stated in the first-instance judgment. Rule: Article 209 of the Criminal Procedure and Trials Law provides that the court may set aside the appealed judgment if it finds a substantive defect or an irremediable formal defect in it, or finds it contrary to law, whether the appellant invoked those defects or the court noticed them of its own motion. In that event, it must issue a new judgment in the case without being bound by anything stated in the first-instance judgment.