Kuwait Court of Cassation principle number 202

Summary: - The Ministry of Information’s failure to submit a complaint concerning previous issues of the magazine printed before publication of the magazine forming the subject of the charge—assuming this to be true—does not negate the charge and is not such as to preclude holding the appellant accountable for the offence. Rule: It is established that assessing the evidence in respect of each accused is within the exclusive jurisdiction of the trial court, which is free to form its conviction according to its assessment of and confidence in that evidence in respect of one accused, and its lack of confidence in the same evidence in respect of another accused. The challenged judgment upheld the judgment under appeal acquitting the first and second accused on the basis that the first accused had been issued a licence to engage in publicity, advertising, publishing and distribution, as established by the licences issued by the competent administrative authority, whereas it convicted the appellant on the basis of the previously mentioned evidence of guilt. What the appellant raises in this regard amounts to no more than a factual argument concerning the assessment of evidence and the trial court’s authority to weigh the elements of the case and derive its conviction, which may not be raised before the Court of Cassation.