KCC 244/2019
This case involved an individual sentenced for indecently assaulting and threatening a victim. A key issue was whether an appeal to the court of cassation was valid.
Background
The office of public prosecution accused a defendant of indecently assaulting and threatening a victim. The office requested the court to penalize the defendant according to the relevant laws.
The court ruled that the defendant should be imprisoned for three years.
The defendant appealed the ruling before the court of appeal. The court upheld the appealed ruling.
The defendant appealed the ruling before the court of cassation.
Decision
The court of cassation considered the issue related to the general order. The court said that Article 8 of Kuwait Law No. 40/1972 stipulated that a criminal ruling could not be appealed before the court of cassation unless the ruling was issued by the high appeal court in the crimes and minor crimes. The court said that the ruling was issued according to Article 49 of Kuwait Law No. 111/2015 and therefore the appeal should be considered invalid.
The court upheld the appealed ruling.