The Court of Cassation invalidated video recordings as evidence because they were obtained without permission from the Public Prosecution, and ruled the defendants, two citizens, not guilty in the case.

In the details, the Public Prosecution referred two Kuwaiti defendants to criminal trial on charges of bank forgery, providing false statements, and embezzling nearly two million dinars from a citizen.

The defendants' lawyer, Dr. Fawaz Khaled Al-Khatib, maintained the innocence of the defendants and argued that the indictment was invalid for violating Article 130 of the Criminal Procedure Law, and that the evidence and video recordings should be considered invalid as they were obtained unlawfully without permission from the Public Prosecution.

The court ruled to invalidate the evidence from the video recordings, even though the features and personal characteristics in the video and the voiceprint matched according to forensic evidence reports. The court based its decision on the fact that the recordings were made without the Public Prosecution’s authorization and without the defendants' knowledge or consent, considering them the result of unlawful procedures that invalidated all evidence derived from them.

The court also concluded that the elements of the crimes charged against the defendants were not proven, leading to their acquittal and the referral of the civil case, a ruling which was upheld on appeal.

 

Source:alria, alseyassah, Almajlliss, rouanews