Judgments and Orders in the Appeal Court

Appeal Court proceedings are generally public. This is especially when parties are summoned or witness testimony is taken. Likewise the hearings must be scheduled with at least five days’ notice and held within fifteen days of receiving statements. This will occur unless special circumstances justify a delay of up to two months. In addition oral and written statements.

This while not part of the appeal itself, serve as clarifications and must be submitted in accordance with specific rules of order. Note that the Appeal Court can instruct the Court of First Instance to arrest or summon the defendant during appeal. Lastly It may also call or instruct further witness examination. Likewise, if needed, return the case to the lower court for correction of procedural errors. Likewise also see the article we wrote on the Thai lawyer in Bangkok as well as criminal law firm in Thailand.

The Chief Justice may convene a general assembly of judges to decide complex issues. The final result is made by majority vote. Likewise favoring the opinion less harmful to the defendant in case of a tie. In addition the judgments are issued promptly, either read in the Appeal Court or transmitted for reading in the Court of First Instance. Late appeals are dismissed.

The Appeal Court may resolve all related matters in one decision and cannot increase a sentence unless the prosecution also appeals. When only one among multiple defendants appeals, the Appeal Court may still adjust other defendants’ sentences for consistency.

Appeal Court judgments must include the appellant’s identity and clearly state the outcome—whether affirming, reversing, or amending the lower court’s decision. The general procedural rules of the trial court apply, with modifications as necessary. Lastly also see the topics we wrote on legal services for expats in Thailand as well as divorce lawyer in Thailand.

CHAPTER 2

Trial, Judgments and Orders in the Appeal Court

Section 203

The Appeal Court shall conduct its proceedings openly. But only in cases where the parties are summoned or permitted to attend. Likewise where witness testimony is being heard.

Section 204

When the court is conducting an open hearing. Then it must notify the parties of the hearing date at least five days in advance. Likewise the hearing cannot be scheduled later than fifteen days. This from the receipt of the statement, unless there are special circumstances that require a delay. Should there be a delay. Then it cannot exceed two months. Likewise the reason for the delay must be reported to the court.

Section 205

The request for an oral statement must be submitted along with the appeal filing or resolution. Notice that written statements must be submitted before the Appeal Court’s decision is made. Likewise both oral and written statements are not considered part of the appeal itself. However these are considered explanations or solutions to the appeal.

Section 206

The rules for oral statements in the appeal court are as follows: 1. If someone wants to make a statement. Then they will go first. Once they are done the next person will make a counter argument. The first person will then be able to make or amend their statement. 2. So when both parties request statements. Then the appellant will speak first, followed by the other party. Once both parties have completed their statements. Then the appellant can make a final statement. 3. In the event that both litigants are appellants. Then the plaintiff will speak first and then followed by the defendant. Likewise after the defendant’s statement, the plaintiff may make their a final statement.

Section 207

When a judgment has an appeal. Then the Appeal Court has the authority to order the Court of First Instance to summon or arrest the defendant. Likewise, even if the defendant was previously released. The defendant can be temporarily detained or released during the appeal process.

Section 208

In considering appeals in the appeal court: 1. Should the Appeal Court believe that there should be additional witnesses to be examined. The appeal court has the authority to call witnesses to testify itself. This or instruct the Court of First Instance to conduct the examination. Should the Court of First Instance examines witnesses. Then the case will be sent back to the Appeal Court for a full and further decision.2. If the Appeal Court finds that the Court of First Instance did not follow the correct procedure. Then it may order the Court of First Instance to reconsider the case or make a new order based on the circumstances.

Section 208 bis

If the Chief Justice of the Appeal Court deems it appropriate. Likewise, any issue may be examined by a general assembly. The general assembly consists of all the judges present . This has no fewer than half of the total number of judges. Likewise the Chief Justice serves as the chairman. The decisions are made by a majority vote, but if conflicting opinions arise, the opinion less detrimental to the defendant prevails. The judgment or order must be made in accordance with the majority decision. Likewise the issues decided by the assembly must be specified.

Section 209

Without delay the Appeal Court is required to issue its judgment. There are two options. The first option is for the judgment to be read in the Appeal Court. This or it must be sent to the Court of First Instance to be read.

Section 210

Note that if the Appeal Court finds that the appeal has been filed after the prescribed time period. In this case the judge shall dismiss the appeal.

Section 211

If there is an appeal on important issues. This includes an appeal against an order under consideration. Then the Appeal Court may issue a judgment covering all matters in the same decision.

Section 212

In cases where the defendant appeals against the judgment of punishment. In this instance the Appeal Court is prohibited from adding additional sentences. Likewise unless the plaintiff has filed an appeal for additional sentencing.

Section 213

In cases where a defendant appeals a judgment involving multiple defendants for the same or consecutive offenses, if the Appeal Court alters the judgment. Then the Court of First Instance is prohibited from imposing a harsher sentence. Likewise reducing the sentence for the defendant. Note that the Appeal Court has the power to adjust sentences for other defendants who did not appeal. Likewise, making them consistent with the sentence of the defendant who appealed.

Section 214

In addition to the elements required in a judgment from the Court of First Instance. The judgment from the Appeal Court must include: 1. Identify the person by name or position of the appellant. 2. Likewise a statement indicating whether the Court of First Instance’s judgment is upheld, set aside, amended, or reversed.

Section 215

The rules governing the consideration and judgments of the Court of First Instance. Also apply to the Appeal Court, with necessary modifications.

Lastly also see the topics of Appeal and DIKA Appeal and Judgments and Orders as well as on Search with or without a warrant. 

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