CRIMINAL LAW IN THAILAND Part 37: Appealing a conviction _ the Supreme

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CRIMINAL LAW IN THAILAND Part 37: Appealing a conviction _ the Supreme
Court















This time we'll talk about appealing a conviction to the
Supreme Court of Thailand, which is called the Dika Court. When a criminal case
is brought to the Dika Court, at least three of the court's justice will rule on
it.


Decisions on each point of law are made by a majority of the judges working
on the case.


If there is a tie, as has been the case with some lower court decisions, the



DHdecision on the point of law that most favours the defendant will be made.



The president of the Dika Court may , at his or her discretion, also choose
to refer any question in any case to a general meeting of all of Dika Court
judges on duty.


Again, decisions are made by a majority and, in the case of a tie, the
decision will favour the defendant.


With criminal cases, appeals to the Dika Court must be of only decisions made
by the Appeal Court or regional appeal courts. The Dika Court is the second and
final level of appeal from decisions of the courts of the first instance.


What cases will the Dika Court review? Either party may appeal a decision of
the Appeal Court or the regional appeal courts by filing an appeal with the
court that originally decided the case within one month of the decision being
handed down against the party lodging the appeal.


But the Dika Court has a lot of discretion as to whether to hear an appeal.
If the court decides the appeal is not important enough to merit consideration,
it may refuse to accept it, and the lower court's decision would be considered
affirmed. Also, there are technical limits on what the Dika Court may decide.
For example, prosecutors may not lodge appeals to the Dika Court if they have
lost both in the courts of first instance and the appeal courts.


After the appeal to the Dika Court is filed with the court of the first
instance, that court first has to decide whether the appeal can go forward or if
it is counter to the aforementioned technical grounds. If the court of the first
instance decides the appeal to the Dika Court may proceed, it delivers copies of
the appeal documents from the party appealing to the other party, who must reply
within 15 days. After the 15 days, the appeal is sent to the Dika Court.


If the court of the first instance decides the appeal to the Dika Court
should not proceed, this decision may be appealed to the Dika Court within 15
days of the decision of the court of the first instance.


The Dika Court may decide an appeal only on the records of the lower courts
and points of law. Oral arguments are optional and must be applied for at the
time the appeal is lodged or replied to by the party wishing to make them. There
are several rules on whether the Dika Court may obtain further evidence in the
case or just rule on issues of law. If the Dika Court decides to obtain further
evidence, it may do so, or order the court of the first instance to collect it.
The Dika Court may, moreover, order new proceedings from the court of the first
instance, the Appeal Court or the regional appeal courts if the Dika Court
determines that these lower courts did not comply with proper procedure.


There is no time limit on when the Dika Court must render its opinion. The
process can take years. Unlike the lower court decisions, however, the decision
of the Dika Court is final for a criminal case.
 
Believe in Thai Justice system...As most of you would know I was falsely accused of Fraud and Cheating by a low life that most of you hopefully don't know. I know that he wrote many posts to Thai Visa regarding my case and I'd like to thank all those that know me or have heard about this rubbish for defending my reputation due to my past as a Member of Parliament. I was advised by the Australian Embassy not to read his rubbish and focus on the trial.
Brian Lee McCarthy was the person that falsesly accused me and on my aquittal this week in the Surin Criminal Court. The Judge clearly focused on the liar McCarthy truly is.
I had a laugh when he was cross examined by my brilliant law team from Isaan Law (a Forum Sponsor I believe)..in Thai. He went all blank and said he can't understand Thai!! He was shown his webpage were he declares himself as a Business and Life Coach and amongst other rubbish..clearly states he speaks Thai!
I bet the clown doesn't run off to the newspapers or Thai Visa for a while.
 
Believe in Thai Justice system...As most of you would know I was falsely accused of Fraud and Cheating by a low life that most of you hopefully don't know. I know that he wrote many posts to Thai Visa regarding my case and I'd like to thank all those that know me or have heard about this rubbish for defending my reputation due to my past as a Member of Parliament. I was advised by the Australian Embassy not to read his rubbish and focus on the trial.
Brian Lee McCarthy was the person that falsesly accused me and on my aquittal this week in the Surin Criminal Court. The Judge clearly focused on the liar McCarthy truly is.
I had a laugh when he was cross examined by my brilliant law team from Isaan Law (a Forum Sponsor I believe)..in Thai. He went all blank and said he can't understand Thai!! He was shown his webpage were he declares himself as a Business and Life Coach and amongst other rubbish..clearly states he speaks Thai!
I bet the clown doesn't run off to the newspapers or Thai Visa for a while.

Haha love it!

Can i have your autograph?:biggrin:
 

Reminds me of an sms I received from a person of a similar name after reading Thai Visa just then...went something like this...Sumana, thank you for telling me about your farang boyfriend. I think you will be very happy together. I hope and pray that there will always be a special place in my heart just for Sumana...Goodbye beautiful beautiful Sumana. Goodbye forever.

Fancy that..kept everything I did!! They must have made up!!!! Or the sms he mistakenly sent to me was for a Garden Centre!!
 
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