The legal representative of the litigant said that they haddied during the period of appeal reservation and provided the court with a document which had been issued by the Ministry of Health in this regard.

The court of cassation said that the court could not issue ruling against a dead person or in their favour. The court said that the ruling should therefore be repealed and that the criminal case should be dismissed in accordance with Article 205 of Kuwait Law No. 17/1960 and Article 15 of Kuwait Law No. 40/1972.