Due to the Nullity of Search & Arrest Procedures

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The Court of Appeal upholds the innocence of a defendant of the crime of carrying an unlicensed  firearm and ammunition, insulting a public official while performing his job and possessing drugs

The Criminal Court acquitted the accused of the accusation and confiscated the seizures due to the nullity of the arrest and search procedures.

To detail, the Public Prosecution charged a Kuwaiti suspect on the basis that he possessed the narcotic hashish with intent to use without a license, and possessed a firearm (pistol) and ammunition without being licensed to do so, in addition to assaulting public officials by force during their request to search him to make sure he was worked in Ministry of Interior and insulting a public servant by saying while performing his job.

As a result of that accusation, the accused resorted to his lawyers Khaled Taher AlKhateeb and Dr. Lawyer Fawaz Khaled AlKhateeb from Taher Group Law Firm. The Lawyers assured the court of the invalidity of the arrest and search procedures, the maliciousness of the accusation, its fabrication, and the unreasonableness, in addition to the existence of previous disputes between the accused and the reporter (the colonel and the brigadier general); accordingly, the court concluded its ruling acquitting the accused from the accusation he was charged due to nullity of procedures.

The judgment supporting the appeal indicated that there is no case of flagrante delicto as prescribed in the Criminal Procedures Law, which allows the police officer to arrest and search the accused. Also, it is sufficient to question the validity of the procedures to find the accused innocent. Commenting on the ruling, lawyer Dr. Fawaz AlKhateeb said that the repeated taking of invalid measures by some policemen against the accused calls for thinking about the importance of understanding the law. The awareness of the dimension of police power is crucial before implementing it. Calling the Ministry of Interior to study the judicial rulings that ruled the invalidity of the procedures and to benefit from them as valuable and important judicial lessons related to the public interest and justice.

By Dr Fawaz Alkhateeb
Attorney and assistant professor at KILAW
[email protected]

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