In a criminal case where the court issues an order to stay preliminary examination in order to wait for a judgement of another criminal case of a court of first instance and a provisional order of disposal of a case from the case list. If such case is deemed final allowing the plaintiff to file a request to resume the preliminary examination, can the plaintiff submit a request to transfer the case to another court in accordance with Article 26 of the Criminal Procedure Code?
Submitting a petition to the President of the Supreme Court to request a transfer of a case as prescribed in the Criminal Procedure Code, Section 26, must include a case pending preliminary investigation or court consideration. In fact, criminal cases in which the court has issued an order to temporarily dispose of the case while pending to hear the results of other criminal cases are considered to not have cases pending preliminary investigation or court consideration. By consequencial thereof, it is not within the criteria for the President of the Supreme Court to consider ordering the transfer of the case to another court. That is the ruling from the request order No. Th. 629/2566.
Anyarat Ratgidnagon
Chief Judge in the Research Division of the Supreme Court
28 March 2024
