Kuwait Court of Cassation principle number 23

Summary: - The plea of receiving therapeutic medicines containing psychotropic substances. A factual plea. It may not be raised for the first time before the Court of Cassation. The condition for the trial court to address and answer it: its materiality and seriousness, attested to and supported by reality. If this is not satisfied, the court may disregard it. The appellant’s failure to submit authorization for this to the trial court. A manifestly invalid complaint. Rule: Since the appellant did not plead before the trial court that he was receiving therapeutic medicines containing psychotropic substances derived from the two narcotic substances forming the subject of the charge, he may not raise this factual plea for the first time before the Court of Cassation. Moreover, for the court to be obliged to address and answer a material defense, it must, in addition to being material, be serious and attested to and supported by reality. If it is devoid of evidence and reality refutes it, the court is free to disregard it, and its silence concerning it does not constitute a deficiency in its judgment. That being so, and since the appellant did not submit to the trial court anything establishing that he was authorized to use the two narcotic substances, “heroin and morphine,” and the two psychotropic substances, “benzodiazepine, amphetamine,” forming the subject of the two charges brought against him and of which he was convicted, his defense in this respect is manifestly invalid. The challenged judgment cannot be faulted for not addressing or answering it.