Thailand Criminal Procedure Code Sections 203-215
CHAPTER 2
Trial, Judgments and Orders
In the appeal court
Section 203 The Appeal Court shall consider openly only in cases where the parties are appointed or allowed to come together or there is an examination of witnesses.
Section 204 when considering open court The Appeal Court shall issue a notice specifying the date of consideration to the parties at least five days in advance.
The hearing of the statement cannot be scheduled later than fifteen days from the date of receipt of the statement. If there are special circumstances, it can be later than that, but not more than two months. The reason for the delay must be reported to the court.
Section 205 A request for an oral statement shall be attached to the filing of the appeal or resolution of the appeal.
The written statement must be submitted before the Appeal Court’s decision.
Whether oral or written statement it must not be considered part of the appeal. It shall be counted only as an explanation of the appeal or a solution to the appeal.
The written statement may be submitted to the Court of First Instance or to the Appeal Court.
Section 206 The rules for oral statements are as follows:
(1) If any party requests a statement let that party make a statement first. Then let the other party make a statement. When finished, the party made a statement before making a statement and can edit it again;
(2) If both parties request a statement let the appellant make a statement first. Then let the other party make a statement. Once completed, the appellant can make another statement;
(3) If both litigants request a statement and both are appellants let the plaintiff make a statement first. Then have the defendant make a statement. When finished, the plaintiff can make another statement;
Section 207 When there is an appeal of the judgment The Appeal Court has the power to order the Court of First Instance to issue a summons or arrest the defendant, which the court has already released, can be detained or temporarily released during the appeal, or if the defendant is imprisoned during the appeal, the Court of First Instance may order the defendant to be released or temporarily released.
Section 208 In the consideration of appeals under this Chapter
(1) If the Appeal Court is of the opinion that additional witnesses should be examined. Have the power to call witnesses to testify yourself, or order the Court of First Instance to investigate When the Court of First Instance has examined the witnesses the case shall be sent to the Appeal Court for further decision;
(2) If the Appeal Court deems it necessary this is because the Court of First Instance did not properly follow the proceedings then give judgment and order the court of first instance to consider and adjudicate or make a new order according to the circumstances of the case.
Section 208 bis If the Chief Justice of the Appeal Court deems it appropriate What problem will be diagnosed In any case By the general meeting.
The general assembly shall consist of all judges who are present to perform their duties, but not less than half the number of judges of that court and the Chief Justice of the Appeal Court shall be the chairman.
Decisions at the general meeting are made by a majority vote. If there are two conflicting opinions on any issue, or more than two parties or more 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.
In cases in which the general meeting has decided the issue the judgment or order must be in accordance with the decision of the general meeting. It must also be specified which problems were decided by the general meeting. Judges in attendance although not the one who sat and considered then have the power to judge, make orders, or make dissenting opinions in that case.
Section 209 The Appeal Court shall adjudicate without delay and the judgment will be read at the Appeal Court or may be send to the Court of First Instance to read.
Section 210 When the Appeal Court finds that the appeal was not filed within the prescribed time period. The judge dismissed the appeal.
Section 211 When there is an appeal against the judgment on important issues and also against the order under consideration. The Appeal Court may pass judgment by the same verdict.
Section 212 Cases in which the defendant appeals the judgment of punishment. The Appeal Court is prohibited from passing additional sentences on the defendant, unless the plaintiff has appealed in that way.
Section 213 In a case in which a defendant appeals against a judgment which allows punishment of multiple defendants for the same or consecutive offenses If the Appeal Court overturns or modifies the judgment, the Court of First Instance does not punish or reduce the defendant’s sentence. Even if the cause is in the nature of the case the Appeal Court has the power to judge other defendants who did not appeal. To not be punished or the sentence was reduced to the same as the defendant who appealed.
Section 214 In addition to the contents which must be included in the judgment of the Court of First Instance the Appeal Court’s judgment must include the following statements.
(1) Name or position of the appellant;
(2) Statement of upholding, setting aside, amending or reversing the judgment of the Court of First Instance.
Section 215 In addition to what has already been provided the provisions regarding consideration and judgments and orders of the Court of First Instance shall apply mutatis mutandis to the Appeal Court.
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