Confession through illegal arrest is inadmissible

13/11/2025

Confession through illegal arrest is inadmissible

KUWAIT CITY, Nov 13: In a legal precedent, the Court of Cassation invalidated a defendant’s confession to the Public Prosecution regarding possession of psychotropic substances, ruling that it was obtained through illegal procedures. The court overturned the three-and-a-half-year prison sentence previously issued by the Court of First Instance and the Court of Appeals, and acquitted the defendant.

The case began when an officer noticed the defendant asleep in his vehicle and knocked on the window. When the defendant woke and opened the door, the officer asked him to exit the car. Upon stepping out, the officer observed that the defendant’s hands were closed. When asked to open them, the officer found transparent sachets containing narcotics. Lawyer Bashar Al- Nassar argued that the arrest, search, and all subsequent procedures were invalid, noting that the stop was made without legal justification. The Court of Cassation confirmed that there was no justification for stopping the defendant or any grounds for suspicion, rendering the arrest unlawful. The court ruled that the defendant’s confession to possessing drugs and intoxicants was inadmissible because it was obtained following an unlawful arrest.

By Jaber Al-Hamoud Al-Seyassah/Arab Times Staff and Agencies