DIKA Appeal

Note that appeals to the Supreme Court must be filed within 1 month. This done via the Court of First Instance and are generally limited to legal issues only. Likewise you will note that factual appeals are prohibited in minor cases (e.g. imprisonment ≤ 5 years or fines ≤ 40,000 baht), unless the Appeal Court significantly increases the sentence. Lastly speak to our criminal trial lawyer if in doubt for your criminal law advice.

There is no appeal is allowed if both lower courts dismissed the case, unless a judge or prosecutor certifies the case raises important legal questions. Likewise should an appeal is rejected by the Court of First Instance, a petition to the Supreme Court can be submitted within 15 days.

Lastly you will note that the Supreme Court accepts the facts as found by the Appeal Court and applies modified Appeal Court procedures. Likewise, no dissenting opinions are allowed in Supreme Court judgments. Likewise also see the article we wrote on our criminal law firm in Thailand as well as the article on a criminal lawyer in the country.

CHAPTER 1: General Provisions

Section 216

Litigants do have the right to appeal against the judgment or an order of the Appeal Court.This however needs to be done within one month from the day the judgment or order is read, Likewise when it is considered to have been read to the litigant. Lastly the appeal must be submitted to the Court of First Instance. This complies with the provisions in Sections 198, 200, and 201 will apply accordingly.

Section 217

In cases where there are restrictions on the appeal. These are limited to appealing only on legal issues. This restriction applies to all litigants as well as those parties involved in the case.

Section 218

If the Appeal Court upholds the judgment of the lower court. This or makes only minor modifications, and sentences the defendant to imprisonment of no more than five years or a fine (or both). Note that that the litigants are prohibited from appealing on factual issues. Likewise this restriction applies even when the appeal court imposes more than five years of imprisonment, regardless of whether there are other punishments.

Section 219

If the Court of First Instance sentences the defendant to imprisonment not exceeding two years or a fine not exceeding forty thousand baht (or both). Likewise the Appeal Court upholds the sentence or imposes a sentence not exceeding that limit, litigants are prohibited from appealing on factual issues. However, this prohibition does not apply. This if the Appeal Court significantly alters or increases the sentence.

Section 219 bis

Litigants cannot appeal based on safety methods alone. This even if the case is not prohibited by the Supreme Court. When calculating the term of imprisonment under Sections 218 and 219. The time during which the Court has issued a judgment or order regarding safety procedures is excluded.

Section 219 ter

In cases where the Court of First Instance orders detention in lieu of imprisonment. This or where the sentence is changed from detention to imprisonment. Likewise where this involves detention in lieu of a fine or confiscation of property. The litigants are prohibited from appealing on factual issues. This if the Appeal Court upholds the decision of the Court of First Instance.

Section 220

Litigants are prohibited from appealing in cases where the Court of First Instance and the Appeal Court have dismissed the plaintiff’s case.

Section 221

In cases where an appeal is prohibited under Sections 218, 219, and 220. Then a judge who considers or signs a judgment or dissenting opinion in the Court of First Instance or the Appeal Court. They may determine that the case presents an important issue that should be submitted to the Supreme Court. In such cases, the judge may allow the appeal. This or the Director-General of the Public Prosecution Department may certify. That there are reasonable grounds for the Supreme Court to consider the case. Likewise the Supreme Court will then decide whether to accept the appeal for further consideration.

Section 222

If the case involves only legal issues. Note that the Supreme Court must consider the facts as determined by the Appeal Court based on the evidence in the case.

Section 223

Firstly the Court of First Instance must examine whether the appeal should be referred to the Supreme Court. This in accordance with the provisions of this Code. If the Court of First Instance decides not to accept the appeal. Then it must clearly record the reasons in the order.

Section 224

If the Court of First Instance refuses to accept the appeal to the Supreme Court.Then you are the petitioner may submit a petition to appeal the order of that court to the Supreme Court. This request must be submitted within fifteen days of the order being made. The Court of First Instance must promptly send the petition, along with the appeal and the relevant judgments or orders, to the Supreme Court. If the Supreme Court deems it appropriate, it will review the file and issue an order for further consideration.

Chapter 2: Trial, Judgments, and Orders in the Dika Court

Section 225

The provisions regarding the consideration of appeals, judgments, and orders at the appeal level shall apply to the Supreme Court, with necessary modifications. However, it is explicitly forbidden for any judge to express dissenting opinions in the Dika Court (Supreme Court).

Lastly also see the Judgments and Orders in the Appeal Court as well as the Appeal and DIKA Appeal and the Criminal Trial in Thailand.

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.