Judgments and Orders

G.A.M. Legal Alliance > Criminal Law > Criminal Procedure Code > Judgments and Orders

Judgments and orders must follow the same legal standards as prior proceedings. Likewise this also needs to be issued in writing as well as signed by the judges. Likewise it must also be publicly read within three days of the hearing. In addition if the defendant is absent and suspected of fleeing. Then an arrest warrant may be issued. Judgments result from a consultative process where majority opinions prevail. This with ties resolved in favor of the defendant. If the defendant is acquitted or not punishable. Then they are released. Should they be convicted but the decision isn’t final. Then a temporary release may be allowed. Likewise also see the article on the tm30 as well as the article on the law firm Bangkok.

Judgments and Orders

Note that all judgments must include clear identification, factual findings, legal reasoning, and sentencing or dismissal. Additionally orders must also include the date and justification. Likewise the Judgments take effect once publicly read, and indigent defendants may obtain copies free of charge.

Lastly once issued, judgments can only be corrected for typographical errors. If there is ambiguity in enforcement, the court may be petitioned for clarification. Lastly, courts may not rule beyond the scope of the complaint; if the facts differ materially, the case may be dismissed, though minor discrepancies do not prevent sentencing.

Lastly also see the article on lawyer bangkok as well as the retirement visa Thailand.

 

Title 3 – Judgments and Orders

 

Section 181

Note that Sections 139 and 166 applies mutatis mutandis to the judgment and order processes.
 

Section 182

If there is a request during the consideration of the case. Then the court can issue an order as needed. The judgment or order should be read publicly on the day after the hearing, or within three days. Should the defendant is absent. Likewise an arrest warrant may be issued should there is suspicion of the defendant fleeing.
 

Section 183

Note that all judgments, orders, or dissenting opinions. These must be in writing and signed by the presiding judge. Lastly should the judge who disagrees may express a dissenting opinion.
 

Section 184

 
The judgment or order is decided through a consultative meeting. This where each judge gives an opinion. The decision is made based on the majority vote. When there is a tie in the opinion. Then the opinion that is least detrimental to the defendant prevails.
 

Section 185

 
Should the court finds that the defendant did not commit a crime. This or there are legal grounds for not punishing the defendant. Then the case is dismissed, and the defendant is released. If the defendant is found guilty but not yet final. Then the court may temporarily release them.
 

Section 186

The judgment or order must include the correct details. These are details such as the court name and the parties involved. Likewise the offense, the facts found in the trial. As well as the reasons for the decision, and the punishment or dismissal.

 

Section 187

Much like orders under consideration must contain the date as well as the grounds for issuing the order. Likewise the order itself.

 

Section 188

Note that a judgment or order takes effect from the day it is read publicly in court.

 

Section 189

Should the defendant be an indigent. They can request a certified copy of the judgment at no charge.

 

Section 190

Judgments or orders cannot be amended after they have been read. This will be except for correcting typographical errors.

 

Section 191

If there is doubt about the enforcement of a judgment or order. Then any interested party can petition the court for clarification.

 

Section 192

The court is prohibited from issuing a judgment or order that exceeds the request or is not mentioned in the complaint. If the facts differ from the complaint, the court may dismiss the case, but the defendant can still be punished if the facts are not material to the case.

Lastly also see the articles on Trial in Thailand as well as Entry of Charge and Preliminary Hearing as well as the Warrants of Detention and Imprisonment as well. 

 

Thailand Issues

These are the most common issues in Thailand that you might need. If you want to live in Thailand for a long time then the Thailand residence may be an option for you. Likewise you may also need a Bangkok divorce lawyers in time as the failure rates in Thailand high for expats. Also you might need to look at making a will in Thailand. Likewise see also the marriage visa 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.