Kuwait Court of Cassation principle number 213

Summary: - The plea of invalidity of Public Prosecution investigations—in press and publication offences—because they were not conducted by the designated prosecution office provided for in Article 23 of Law 3 of 2006 concerning Press and Publications. Unfounded. Reason: the purpose of the aforementioned Article is to organise and facilitate work, and its violation does not entail invalidity so long as the procedures were undertaken by the Public Prosecution, which has general jurisdiction, and the law did not prescribe invalidity as a sanction for that violation. Rule: Whereas the accused’s plea that the Public Prosecution investigations were invalid because they were not conducted by the prosecution office which Article 23 of Law No. 3 of 2006 concerning Press and Publications provided should be designated for investigation, disposal and prosecution procedures in these offences, this plea is unfounded. What that Article provides in this respect was intended only to organise and facilitate work in undertaking these procedures, and its violation therefore entails no invalidity in those procedures so long as they were undertaken by the Public Prosecution, which has general jurisdiction over all offences, and so long as the provision did not prescribe invalidity as a sanction for its violation. Accordingly, the court disregards this plea.