In a criminal case where both sides of the parties are prohibited from appealing on questions of fact to the Supreme Court, can a Justice of the Court of Appeal or a Justice of the Court of Appeal Region who attends the general assembly of the Court of Appeal or the general assembly of the Court of Appeal Region permit such appeal to the Supreme Court in accordance with Section 221 of the Criminal Procedure Code?
Judges of the Court of Appeal or the Regional Appeal Court who participate in the deliberation in the general meeting of the Court of Appeal or the Regional Appeal Court are not the presiding judges and are not the named judges in the judgment or giving dissenting opinions in the Court of Appeal or the Regional Appeal Court, therefore, an appeal on a question of fact to the Supreme Court is not permitted under Section 221 of the Criminal Procedure Code. They have the power to adjudicate, make an order or dissenting opinion only in cases that are attended in the general meeting under Section 208 bis, paragraph four of the Criminal Procedure Code according to the petition order No. 650-651/2566.
Anyarat Ratgidnagon
Chief Judge in the Research Division of the Supreme Court
27 September 2024
