KCC 586/2009 issued on 5/10/2010
This case involved the validity of a ruling where the appellant had been accused of selling publications imported from aboard in the accusation document but was penalised for managing a shop without a license and selling counterfeit CDs.
Background
An appellant said in his grounds of appeal that the appealed ruling by which he was convicted of selling publications without receiving the approval from the relevant authorities had insufficient evidence of causation. He said that the court punished him for an incident which was different from the one mentioned in the accusation document.
Decision
The court of cassation said that this argument was valid. The court said that the documents of the case revealed that the case was filed against the appellant because he sold publications which were imported from abroad without receiving the approval from the relevant authorities. The court said that the court, however, penalized him for managing a shop without licence and selling fabricated CDs in accordance with Article 4 and 42 of Kuwait Law No. 64/1999. The court said that the court therefore penalized the appellant for a crime which was different from the one mentioned by the accusation document.
The court repealed the ruling.