Thailand Criminal Procedure Code Sections 193-202
PART 4
APPEAL AND DIKA APPEAL
Title 1
Appeal
Chapter 1 General Provision
Section 193 Cases of appeal against judgments or orders of the Court of First Instance on facts and points of law shall be appealed to the Appeal Court. Unless an appeal is prohibited by this Code or other laws.
Every appeal must state briefly the facts or legal points raised in sequence.
Section 193 bis Prohibits appeals against judgments of the Court of First Instance on questions of fact in cases in which the maximum penalty prescribed by law is imprisonment not exceeding three years or a fine not exceeding sixty thousand baht or both except in the following cases, the defendant may appeal on factual issues.
(1) The defendant has been sentenced to imprisonment or imprisonment in lieu of imprisonment;
(2) The defendant has been sentenced to imprisonment. But the court waited for the punishment;
(3) The court rules that the defendant is guilty but waiting for the punishment to be determined or;
(4) The defendant has been sentenced to a fine exceeding one thousand baht.
Section 193 ter In a case in which an appeal is prohibited under section 193 bis, if any judge who considers or signs a judgment or makes a dissenting opinion in the Court of First Instance considers that the contents of the decision are an important issue that should be referred to the Appeal Court and allows the appeal or The Director-General of the Public Prosecution Department or the public prosecutor assigned by the Director-General of the Public Prosecution Department signs certification in the appeal that There are reasonable grounds for the Appeal Court to decide and accept the appeal for further consideration.
Section 194 If there is an appeal only on a question of law In deciding that legal question, the Appeal Court must listen to the facts as determined by the Court of First Instance from the evidence in the case.
Section 195 All points of law to which a party to an appeal refers must be clearly stated in the appeal. But it must be an issue that has already been raised in the Court of First Instance.
Laws related to peace and order or related to non-compliance with the provisions of this Code regarding appeals these can be raised by the appellant or the court. Even though it was not raised in the court of first instance.
Section 196 An order during consideration that does not complete the case. It is forbidden to appeal such order until there is a judgment or order on an important issue and there is also an appeal of that judgment or order.
Section 197 Grounds where an appeal has been made against a judgment or order. found to be the result of depriving others of their rights who have the right to appeal Will there be an appeal.
Section 198 Filing an appeal to be submitted to the Court of First Instance within one month from the date of reading or it is considered that the judgment or order has been read to the appellant party.
It is the duty of the Court of First Instance to examine the appeal to determine whether it should be sent to the Appeal Court or not. According to the provisions of this Code If it is considered that it should not be accepted, the reason should be clearly recorded in the order of the court.
In cases where, according to the judgment, the defendant must be sentenced to imprisonment or a more severe sentence and the defendant is not imprisoned. The defendant may file an appeal only if he presents himself to the court officer at the time of filing the appeal. Otherwise, the court shall issue an order not accepting the appeal. The President of the Supreme Court may issue regulations prescribing criteria, procedures, and conditions for the defendant’s appearance that regulation once published in the Royal Gazette, it shall come into force.
The provisions of paragraph three shall not apply to cases in which the defendant receives a suspended sentence of imprisonment or has already received the full sentence of imprisonment according to the judgment.
Section 198 bis When the Court of First Instance refuses to accept the appeal The appellant may submit an appeal against the order of that court to the Appeal Court. Such a request must be submitted to the Court of First Instance within fifteen days from the date of hearing the order. Then the court shall promptly send such request to the Appeal Court along with the appeal and judgments or orders of the Court of First Instance.
When the Appeal Court deems it appropriate to examine the file in order to order the request on that matter. Then order the Court of First Instance to send it to you.
The Appeal Court shall consider the request and issue an order affirming the denial of the Court of First Instance or there is an order to accept the appeal this order shall be final and sent to the Court of First Instance for reading.
Section 199 The appellant is imprisoned or imprisoned in a prison. An appeal may be filed with the warden within the appeal deadline. Once the appeal has been received the warden shall issue a receipt to the person filing the appeal. Then quickly send the appeal to the Court of First Instance.
Any appeal submitted to the warden will be sent to the court after the appeal period has elapsed if it appears that the delay in sending the appeal is not the fault of the person filing the appeal. It shall be considered that the appeal was filed within the appeal period.
Section 200 The court shall send a copy of the appeal to the other party for correction within fifteen days from the date of receipt of the copy of the appeal.
Section 201 When the court cannot send a copy of the appeal to the other party because he cannot be found or has fled or intentionally does not receive the copy of the appeal or the appeal has been resolved or the appeal deadline has passed. The court must quickly send the case to the Appeal Court for further consideration and adjudication.
Section 202 The appellant has the power to submit a request to withdraw the appeal to the Court of First Instance before sending the case to the Appeal Court. In such cases, the Court of First Instance can grant permission. Once the file has been submitted, it must be submitted to the Appeal Court or to the Court of First Instance for sending to the Appeal Court for ordering. This must be before reading the Appeal Court’s judgment.
Once withdrawn If the other party does not appeal the judgment or order of the Court of First Instance is absolute only for the person who withdraws it. If the other party appeals it will be decisive only when the case is final without any correction of the judgment or order of the Court of First Instance.
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