ศาลอุทธรณ์
The Court of Appeal
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ศาลอุทธรณ์

Appeal and Dika Appeal Process
  1. The parties have right to file an appeal with the Court of Appeal or a dika appeal with the Supreme Court respectively. However, such appeal or dika appeal shall be filed within one month, from the date of such judgment or order has been read or has been regarded as having been read to the parties. However, if the parties cannot file the appeal or dika appeal within the specified period. They may apply a motion to the court in order extend the specified period. Such motion has to be clearly clarified cause of delay and filed before the expiration date.
  2. The appeal or the dika appeal shall be filed with the court of first instance conducting the trial and rendering the judgment.
  3. A detained or imprisoned appellant may hand his/her petition of appeal of dika appeal to the chief warden within the allowed period. Such officer shall forward the petition to the court of first instance.
  4. When a copy of the petition cannot deliver to other parties for the reason of either party cannot be found, evaded or willfully refused such service, the Court shall promptly send the file to the Court of Appeal or the Supreme Court for further adjudication.
  5. Where the court of first instance or the Court of Appeal renders the judgment with imprisonment, the accused may apply a motion for the provisional release.
  6. The appeal and dika appeal shall contain details regarding the case, the names of the parties, the names of the appellants, the substance of the prosecution, the substance of the plea, the facts in the trial, the judgment of the Court of First Instance, the subject matter that the appellant disagrees and argues together with grounds thereof and the demand for the appeal, for example, to have the judgment of the court of first instance reversed or amended, and the signature of the appellant, the drafter and the writer or typewriter of the appeal.
  7. As the discretion of the judge at the court of first instance, if the appeal needed to be amended, the court is empowered to order for amendment within a specified period of time. However, if the appeal is prohibited by laws or filed beyond the specified time, the court shall reject such appeal.

When the court of first instance reject an appeal, the appellant may appeal such an order to the Court of Appeal by filing a motion requesting to the court of first instance, depositing all applicable fees to the court and making payment as prescribed in the judgment or providing the Court security for such payment within 15 days from the date of the order. When the Court of Appeal issues an order, this order shall be final.

  1. No appeal shall be against the criminal judgment of the court of first instance on the questions of fact in the case where the maximum rate of imprisonment not exceeding three years or the maximum fine not exceeding sixty thousand Baht, or both unless:
    1. 1 The accused may appeal on the questions of fact in the following cases:
  • The accused has been sentenced by the judgment to be punished with the imprisonment or detention in lieu of the imprisonment;
  • The accused has been sentenced by the judgment to be punished with the imprisonment, but the court has suspended the infliction of imprisonment;
  • The accused has been sentenced by the judgment to be punished with the imprisonment, but the court has suspended the determination of punishment;
  • The accused has been sentenced by the judgment with a fine exceeding one thousand Baht.
    1. 2 If any judge, who worked as a quorum signed the judgment or gave the dissenting opinion in the court of first instance, examined and permitted that such matter is an important question to be decided by the Court of Appeal, or the Attorney General or the public prosecutor receiving the power from the Attorney General certifies that such appeal should be accepted.
  1. No dika appeal to the Supreme Court shall be against the judgment of the Court of Appeal on the questions of fact in the following cases:
    1. 1 In the case where the Court of Appeal has affirmed the judgment of the court of first instance or amended it merely on immaterial points, and sentenced the accused to imprisonment for a term not exceeding five years or a fine or both fine and imprisonment for a term not exceeding five years, the plaintiff and the accused shall have no right to file a dika appeal on the questions of fact;
    2. 2 In the case where the Court of Appeal has affirmed the judgment of the court of first instance or amended the judgment only on immaterial points and sentenced the accused to imprisonment for the term exceeding five years, whether it shall or shall not have the other punishment whether there are also other punishments or not, the plaintiff shall have no right to file a dika appeal on the questions of fact;
    3. 3 In the case where the court of first instance has sentenced the accused to imprisonment not exceeding two years or fine not exceeding forty thousand Baht, or both, if the Court of Appeal has yet sentenced the accused not exceeding the above mentioned limits, the plaintiff and the accused shall have no right to file a dika appeal on the questions of fact. But this prohibition shall not apply the accused in the case where the Court of Appeal has rendered
      the judgment to amend the said judgment on material points and to increase punishment imposed to the accused;
    4. 4 The party shall have no right to file dika appeal to the Supreme Court in the case where the court of first instance and the Court of Appeal dismisses the charge of the plaintiff.

In the case where there is a restriction to dika appeal to the Supreme Court as described above, the appellant may apply a motion to
a judge, who worked as a quorum or made a dissenting opinion either in the Court of First Instance or in the Court of Appeal, to consider that such matter decided is of an important question and should be decided by the Supreme Court and then grants leave, or by a motion to the Attorney General to certify by affixing his/her signature in the dika appeal that there are reasonable grounds for a decision to be made by the Supreme Court, such dika appeal should be accepted for decision.

  1. After a case has become final, the accused or the interested person, wishing to petition the King praying for pardon, may do so by submitting
    such petition to the Minister of Justice. The imprisoned petitioner may hand his petition to the warden or the chief warden. The petition for pardon
    in favor of a person sentenced to death may be submitted only once within a period of sixty days from the date of hearing the judgment. For a petition for pardon in reference to any punishment other than death penalty, the said petition may be submitted at any time. But if it has once been rejected, no new petition may be submitted until two years have elapsed from
    the date of the rejection of the proceeding petition.