Kuwait Court of Cassation principle number 6

Summary: - Failure to question the accused during the investigations. No nullity. Instituting criminal proceedings without interrogating or questioning the accused. No impediment. Rule: What the appellant raises concerning the invalidity of the Public Prosecution’s investigations—as he contends in the grounds of his appeal—is no more than criticism of the procedures preceding the trial, which cannot constitute a ground for challenging the judgment, so long as the appellant did not request the court of merits, at either level, to take a specific measure in this regard. This is in addition to the established principle that failure to question the accused during the investigation does not entail nullity of the proceedings, since there is no impediment to instituting criminal proceedings without interrogating or questioning the accused. Accordingly, the appellant’s objection in this respect has no basis.