Kuwait Court of Cassation principle number 54

Summary: - The period during which the accused is required to undertake to observe specified conditions and maintain good conduct when a decision is made to refrain from pronouncing punishment must not exceed two years. Article 81 of the Penal Code. Ordering a period exceeding that duration constitutes an error in applying the law. It requires the Court of Cassation to partially quash the challenged judgment and correct it by making the undertaking to maintain good conduct for two years. Rule: Article 81 of the Penal Code provides that the period during which the accused is required to undertake to observe specified conditions and maintain good conduct—when a decision is made to refrain from pronouncing punishment—must not exceed two years. Since the challenged judgment, after deciding to refrain from pronouncing punishment upon the appellant, required him to provide an undertaking secured by a financial guarantee to maintain good conduct for three years, it erred in applying the law. This permits this Court—the Court of Cassation—under the last paragraph of Article Ten of Law No. 40 of 1972 concerning the Cases and Procedures of Cassation Appeals, to partially quash the challenged judgment and correct it by making the undertaking to maintain good conduct for two years.