KCC 2/2002
This case involved the validity of a forgery conviction when the appellant had not been properly notified of the case.
Background
An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of fabricating formal documents and bribery had erred in the application of law. He said that the ruling was issued in his absence and that he was not informed of the date of the court hearing.
Decision
The court of cassation said that this argument was valid. The court said that Article 16, 17, 18 and 20 of Kuwait Law No. 17/1960 stipulated that the appellant should be informed of the hearing through the legal means. The court said that the court was obliged to inform the office of public prosecution if it did not find the appellant's address. The court said that the documents of the case revealed that the appellant was not informed with the date of hearing properly and through legal proceedings. The court said that the court therefore established its ruling on an invalid basis.
The court repealed the ruling.