Thailand Criminal Procedure Code Sections 181-192

Title 3

Judgments and Orders

Section 181 The provisions of sections 139 and 166 shall apply mutatis mutandis.

Section 182 Cases that are currently being investigated or considered. If there is a request during consideration Let the court order as it sees fit. When the consideration is finished to judge or order according to the meaning.

The judgment or order in court shall be read publicly on the day after the hearing is completed or within three days from the completion of the case If there is a reasonable cause You can postpone reading to another day. But the incident report must be recorded.

When the court has read it to the litigant have the litigant sign his or her name. If it is the fault of the plaintiff who did not come it can be read without the plaintiff being present. In the case where the defendant is not present there was no reason to suspect that the defendant had fled or had deliberately not come to listen. The court must wait for the reading until the defendant comes to court. But if there is reason to suspect that the defendant has escaped or has intentionally not come to listen let the court issue an arrest warrant for the defendant. When an arrest warrant was issued, the defendant was not found within one month. From the date the arrest warrant was issued the court can then read the judgment or order behind the defendant’s back and it shall be considered that the plaintiff or the defendant, as the case may be the judgment or order has been heard.

In the case where the judgment or order must be postponed due to the absence of some defendants if the defendant is released the court has the power to temporarily release the person while waiting for the judgment or order to be read.

Section 183 A judgments or order or dissenting opinion must be made in writing and signed by the judge who is considering it. Which judge sits in the hearing. If you don’t agree have the power to express dissenting opinions this objection must be included in the expression.

Section 184 In a consultative meeting to pass a judgment or order to the Chief Justice Governor of Justice the chief judge of that court or the owner of the case is the president asked the judges sitting in the hearing one by one. Give opinions on every issue to be determined. Let the chairman give the final opinion. The decision is based on the majority vote. If on any issue there are two or more than two or more conflicting opinions, A majority cannot be found. Let the judge whose opinion is more detrimental to the defendant agree with the judge whose opinion is less detrimental to the defendant.

Section 185 If the court finds that the defendant has not committed a crime, The defendant’s actions were not wrong. The case has expired and that’s good. There are legal grounds that the defendant should not be punished. Let the court dismiss the plaintiff’s case and release the defendant. However, the court may order the defendant to be detained or temporarily released while the case is not yet final.

When the court finds that the defendant has committed a crime and there is no exemption from punishment according to law Let the court punish the defendant according to the crime. But when it sees fit, the court may release the defendant temporarily while the case is not yet final.

Section 186 A judgments or order must contain at least these important points:

(1) Name of the court and date;

(2) A case between who is the plaintiff and who is the defendant;

(3) The offence;

(4) Charges and statements;

(5) The facts as found in trail;

(6) Reasons for deciding both questions of fact and questions of law;

(7) The revised provisions;

(8) Decision to dismiss the case or punish;

(9) Court decisions regarding seized items or civil suits.

Judgment in cases involving petty offenses There is no need for subsections (4), (5) and (6).

Section 187 An order under consideration must at least contain:

(1) The date;

(2) The grounds according to law for issuing the order;

(3) The order.

Section 188 A judgments or order takes effect from the day it is publicly read in court onwards.

Section 189 When the defendant who is sentenced to be indigent requests a copy of the judgment which is certified as correct. The court will copy one copy for you without charge.

Section 190 prohibits amendment of a judgment or order which has already been read. In addition to correcting words written or typed incorrectly.

Section 191 When there is doubt in the enforcement of a judgment or order If any person who is interested in the matter petitions the court which has judged or ordered Let the court explain clearly.

Section 192 It is prohibited to judge or order in excess of the request or that is not mentioned in the complaint.

If the court is of the opinion that the facts as shown in the consideration are different from the facts stated in the complaint. Let the court dismiss the case. Except that the difference was not in material matters and neither the defendants were lost in the fight. The court may punish the defendant according to the facts obtained.

In cases where the difference is only in details, such as regarding the time or place of the offense or the difference between the offenses of theft, extortion, extortion, fraud, cheating creditors, embezzlement, receiving stolen property, and losing property or the difference between intentional wrongdoing and negligence not to be considered different in essential matters, nor shall it be considered that the matter which can be considered is beyond the request or is a matter that the plaintiff does not wish to be punished. Unless it appears to the court that the filing of the complaint was wrong and caused the defendant to be lost in the fight. However, the court cannot punish the defendant in excess of the penalty prescribed by law for the offense that the plaintiff sued.

If the court finds that some of the facts mentioned in the lawsuit and as it appears from the consideration, it is not a matter that the plaintiff wishes to punish. The court is prohibited from punishing the defendant on that fact.

If the court finds that the facts in the lawsuit are ascertained by the plaintiff but the plaintiff claimed the basis of fault or the wrong section. The court has the power to punish the defendant according to the correct offense.

If the offense as charged includes many acts each of these can be an offense in itself. The court may punish the defendant for committing any offense as it considers.

Unofficial Translation by Chaninat and Leeds Thailand Attorneys

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