Thailand Criminal Procedure Code Sections 216-224
Title 2
DIKA APPEAL
CHAPTER 1
General Provisions
Section 216 Subject to Sections 217 to 221, litigants have the power to appeal against the judgment or an order of the Appeal Court within one month From the day of reading or it is considered that the judgment or order has been read to the litigant on the appeal side.
The appeal shall be submitted to the Court of First Instance and the provisions of section 198, section 200 and section 201 shall apply mutatis mutandis.
Section 217 in cases where there is a restriction that the litigant can appeal only on legal issues. This restriction shall also apply to litigants and all those involved in the case.
Section 218 In cases in which the Appeal Courts upholds the judgment of the lower court or only makes minor changes and sentence the defendant to imprisonment not exceeding five years or a fine or both, but imprisonment not exceeding five years. Prohibiting litigants from making appeals on factual issues.
In cases where the Appeal Courts upholds the lower court’s decision or only slightly modifies it and imposes a prison sentence of more than five years on the defendant. Whether there are other punishments or not the plaintiff is prohibited from appealing on factual issues.
Section 219 In a case in which the Court of First Instance sentences the defendant to imprisonment not exceeding two years or a fine not exceeding forty thousand baht or both If the Appeal Court still punishes the defendant no more than the stated limit, the litigant is prohibited from appealing on questions of fact. However, this prohibition does not apply to the defendant in the case where the Appeal Court decides to greatly amend and add to the defendant’s sentence.
Section 219 bis prohibits a litigant from challenging a judgment or order on the basis of the issue of safety methods alone. Even though the case is not prohibited by the Supreme Court.
In calculating the term of imprisonment under Sections 218 and 219, it is prohibited to include the time during which the Court has issued a judgment or order regarding safety procedures.
Section 219 ter in cases in which the Court of First Instance punishes detention in lieu of imprisonment or change the detention sentence to a prison sentence or cases involving detention in lieu of fines or detention involving the confiscation of property If the Appeal Court does not overturn the judgment of the Court of First Instance Prohibiting litigants from making appeals on factual issues.
Section 220 prohibits litigants from appealing in cases in which the court of first instance and Appeal Court dismissed the plaintiff’s case.
Section 221 In cases in which the appeal is prohibited by Sections 218, 219 and 220 of this Code If any judge who considers or sign a judgment or make a dissenting opinion in the Court of First Instance or the Appeal Court considers that the decision is an important problem that should be submitted to the Supreme Court and allows the appeal. or the Director-General of the Public Prosecution Department signs and certifies in the Supreme Court that there are reasonable grounds for the Supreme Court to decide. Then accept the petition for further consideration.
Section 222 If the case has only legal problems In diagnosing legal problems The Supreme Court must listen to the facts as the Appeal Court has already determined from the evidence in the case.
Section 223 It is the duty of the Court of First Instance to examine the appeal whether it should be referred to the Supreme Court or not in accordance with the provisions of this Code. If you think you shouldn’t accept it. Clearly record the reasons in the court’s order.
Section 224 When the Court of First Instance does not accept the Supreme Court’s appeal the petitioner may appeal as a petition to appeal the order of that court to the Supreme Court. Such a request must be submitted to the Court of First Instance within fifteen days from the date of hearing the order. Then that court shall promptly send such petition to the Supreme Court together with the appeal and the judgment or order of the Court of First Instance and the Appeal Court.
When the Supreme 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.
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