Kuwait Court of Cassation principle number 59

Summary: - Arresting the accused after issuance of authorisation to apprehend another accused. The grounds for refraining from punishment are not established in their case. Its sufficiency to answer the plea for applying exemption from punishment. Rule: Whereas the challenged judgment addressed the second appellant’s defence seeking exemption from punishment pursuant to Article 267 of the Penal Code and rejected it, stating: “As the documents establish that the accused were not arrested until after the Public Prosecution issued authorisation to apprehend the third accused, and the grounds for applying this provision were not established in his case, the court therefore disregards this request.” The judgment’s foregoing reasoning adequately addresses this defence and justifies rejecting it. Consequently, the second appellant’s challenge to the judgment in this regard is incorrect.