D
Dave The Dude
Guest
Criminal Law in Thailand Part 36: Appealing a conviction _ the courts of
appeal
What if you are convicted of an offence in Thailand but
you and your lawyer disagree with the outcome? You can appeal. Of course, you
should understand that nothing in the court system should be attempted without
the assistance of a licensed Thai lawyer with whom you communicate well, either
through an interpreter or because he or she speaks your native language
fluently.
If you've lost a criminal case, you must work with your lawyer to make the
decision on decide whether to appeal. This is a decision that must be made in
light of several factors including:
Can the case be won on appeal?
Do you have the financial resources to appeal? If you don't, the state will
appoint a lawyer for you, but you may be better off with a paid lawyer of your
own choosing.
If you are facing a criminal conviction in Thailand, you should make every
effort to get answers to these questions that are balanced and in your best
interest. Even though you have full confidence in your lawyer, don't hesitate to
get and listen to other opinions.
To make your decisions about appeal, you should have some basic understanding
of the criminal appeal process, and here are some of the fundamental points.
If you were convicted, it was in a court of first instance, unless you are a
political official. Political officials such as ministers, senators, or members
of parliament are tried for malfeasance in office in the Supreme Court.
For the most part, a judgement or order of a court of first instance may be
appealed to the Appeal Court or the proper regional appeal court. Generally, the
appeal is lodged in the regional appeal court for the locality where the court
of the first instance's judgement was issued.
An appeal can also be lodged at the Appeal Court in Bangkok, however, and
this court has discretion to rule on the appeal or transfer it to the regional
appeal court for the region where the court of the first instance's judgement
was issued.
We will refer to all such courts below simply as appeal courts.
The appeal document, prepared by a lawyer, must include a summary of the
facts and legal points on which the appeal is taken.
Your lawyer must file the appeal document with the court of first instance
that originally decided the case within 30 days of when the judgement was read
or deemed to have been read to you.
The court of first instance may simply allow the appeal. If it does not, it
must issue an order denying the appeal and giving its reasons for this.
If the court of first instance denies the appeal, your lawyer may file a
motion with this court opposing the denial within 15 days of the date of the
denial. The court must then send the file to the appeal court, which is then
responsible for deciding whether to accept the case or affirm the decision of
the court of first instance.
Appeal courts decide appeals with a quorum of at least three judges. When the
appeal takes place, the appeal court may require additional evidence, which it
can take on its own, or order the court of the first instance to do. If the
appeal court thinks the legal proceedings were not proper at the trial, it can
send the matter back down to the court of first instance for a new trial and a
new judgement.
There is one additional point of which you should be aware. If the sentence
in your case from the court of the first instance is the death penalty or life
imprisonment, and you have not appealed, the court of first instance must send
the file to the appeal court. Such a judgement will not become final unless it
has been confirmed by the appeal court.
Next time we'll talk about recourse from the decision of an appeal court.
appeal
- Published: 20/02/2011
at 12:00 AM - Newspaper section: Spectrum
What if you are convicted of an offence in Thailand but
you and your lawyer disagree with the outcome? You can appeal. Of course, you
should understand that nothing in the court system should be attempted without
the assistance of a licensed Thai lawyer with whom you communicate well, either
through an interpreter or because he or she speaks your native language
fluently.
If you've lost a criminal case, you must work with your lawyer to make the
decision on decide whether to appeal. This is a decision that must be made in
light of several factors including:
Can the case be won on appeal?
Do you have the financial resources to appeal? If you don't, the state will
appoint a lawyer for you, but you may be better off with a paid lawyer of your
own choosing.
If you are facing a criminal conviction in Thailand, you should make every
effort to get answers to these questions that are balanced and in your best
interest. Even though you have full confidence in your lawyer, don't hesitate to
get and listen to other opinions.
To make your decisions about appeal, you should have some basic understanding
of the criminal appeal process, and here are some of the fundamental points.
If you were convicted, it was in a court of first instance, unless you are a
political official. Political officials such as ministers, senators, or members
of parliament are tried for malfeasance in office in the Supreme Court.
For the most part, a judgement or order of a court of first instance may be
appealed to the Appeal Court or the proper regional appeal court. Generally, the
appeal is lodged in the regional appeal court for the locality where the court
of the first instance's judgement was issued.
An appeal can also be lodged at the Appeal Court in Bangkok, however, and
this court has discretion to rule on the appeal or transfer it to the regional
appeal court for the region where the court of the first instance's judgement
was issued.
We will refer to all such courts below simply as appeal courts.
The appeal document, prepared by a lawyer, must include a summary of the
facts and legal points on which the appeal is taken.
Your lawyer must file the appeal document with the court of first instance
that originally decided the case within 30 days of when the judgement was read
or deemed to have been read to you.
The court of first instance may simply allow the appeal. If it does not, it
must issue an order denying the appeal and giving its reasons for this.
If the court of first instance denies the appeal, your lawyer may file a
motion with this court opposing the denial within 15 days of the date of the
denial. The court must then send the file to the appeal court, which is then
responsible for deciding whether to accept the case or affirm the decision of
the court of first instance.
Appeal courts decide appeals with a quorum of at least three judges. When the
appeal takes place, the appeal court may require additional evidence, which it
can take on its own, or order the court of the first instance to do. If the
appeal court thinks the legal proceedings were not proper at the trial, it can
send the matter back down to the court of first instance for a new trial and a
new judgement.
There is one additional point of which you should be aware. If the sentence
in your case from the court of the first instance is the death penalty or life
imprisonment, and you have not appealed, the court of first instance must send
the file to the appeal court. Such a judgement will not become final unless it
has been confirmed by the appeal court.
Next time we'll talk about recourse from the decision of an appeal court.