Order and Leave to Dika Appeal Division

Background and cases under the Jurisdiction of The Order and Leave to Dika Appeal Division in the Supreme Court

The Supreme Court has the authority to make order or judgement to all cases where the parties submit a request for permission to appeal to the Supreme Court in accordance with the provisions of the Civil Procedure Law, Criminal Procedure Law, Procedures for Human Trafficking Cases Law, and Corruption and Misconduct Procedure Laws. The Supreme Court must consider speedy, carefully, efficiently that the parties may receive the order of the Supreme Court in a short time.

The Supreme Court needs to develop and improve the case management system that is not under the responsibility of the Special Case Division in the Supreme Court in order to provide justice to all parties concerned.

The history of the establishment of the Order and Leave to Dika Appeal Division in the Supreme Court

The Judiciary Administrative Committee therefore issued an announcement establishing the Order and Leave to Dika Appeal Division in the Supreme Court on January 25, 2018. This division has jurisdiction over general complaints, application for permission to petition for drug-related offense cases, application for permission to prosecute human trafficking cases, applicationfor permission to petition for corruption and misconduct cases and application for permission to petition that are not under the responsibility of the Special Case Division in the Supreme Court including other petitions as the President of the Supreme Court will assign the President of the Order and Leave to Dika Appeal Division in the Supreme Court to be responsible for the work. Mr. Prayoon Na Ranong was the first chairman of the Supreme Court’s the Order and Leave to Dika Appeal Division. At present, Mr. Wichan Siriseth served as division chairman of the Order and Leave to Dika Appeal Division in the Supreme Court has been operated since April 1, 2018.

Jurisdiction of the Order and Leave to Dika Appeal Division in the Supreme Court

The Supreme Court’s Division of Order and Leave to Dika Appeal has the authority to decide various cases as follows:

1. A request for provisional release

Request for provisional release in the Supreme Court under Section 106 of the Criminal Procedure Code.
Request for an appeal against an order not allowing provisional release according to Section 119 bis of the Criminal Procedure Code.
Related request for provisional release

2. A request related to civil and criminal cases, such as

Request for appeal against an order refusing to accept the dika appeal
Request for injunction temporary protection
Request for benefit protection
Request for suspension of enforcement
Request for withdrawal of the lawsuit
Request for withdrawal of the complaint
Request for withdrawal of the dika appeal
Request for the substitution for the deceased
Request for prosecution on behalf of plaintiff
Request for amending the Dika Appeal
Request for adducing additional witnesses
Request for amendment of judgment of the Supreme Court
Request for clarification of Supreme Court judgments
Request for notify the setting irregular proceeding etc.

3. A request for permission to dika appeal against human trafficking cases

Trafficking in Persons Case under the Trafficking in Persons Criminal Procedure Act B.E. 2559 (2016), Section 3, refers to an offense under the law on the prevention and suppression of human trafficking, regardless of whether other offenseare included or not. However, this does not include cases under the jurisdiction of the Criminal Court for Corruption and Misconduct and the Juvenile and Family Court. Effective for lawsuits filed since May 25, 2016

4. A request for permission to dikaappeal for corruption and misconduct cases

Corruption and misconduct cases under the Corruption and Misconduct Procedure Act B.E. 2559, Section 3 refers to cases of corruption and misconduct under the law on the Establishment of Criminal Court Cases of Corruption and Misconduct, namely:

1. Criminal cases in which state officials are prosecuted for offenses against official positions or offenses against judicial positionsunder the Criminal Code, offenses against position or malfeasance under other laws or other offenses due to misconduct
2. Criminal cases in which state officials or persons commit money laundering offenses related to offenses under (1) or commit offenses under the law on offenses relating to bidding of the government agencies, Law on Private Investment in State Undertakings or other laws aimed at preventing and suppressing corruption and misconduct.
3. Criminal cases in which a person is brought to be punished for an offense relating to demanding, accepting, agreeing to accept or giving, requesting, agreeing to give property or any other benefits or the use of violence threatened to use violent force or using influence to persuade or coerce state officials to act, refrain from acting, or delay any action under the Criminal Code or other laws
4. Criminal cases filed for punishment of state officials or legal entity defined as cases of corruption and misconduct
5. Criminal cases in which a request is filed to punish a person who has committed an offense with a state official or person under (1) to (4), whether as a principal, instigator, supporter or accomplice
6. Cases involving deliberated failure to submit an account showing assets and liabilities and supporting documents or deliberately submit such accounts and documents with false statements or conceal facts that should have been informed
7. Cases requesting assets to be impounded on the grounds of unusual wealth or unusual increase of assets
8. Cases where the Court is asked to conduct any proceedings prior to filing a lawsuit or filing a request under (1) to (7)

However, it does not include cases within the jurisdiction of the Supreme Court's Criminal Case Division for Persons Holding Political Positions and cases within the jurisdiction of the Juvenile and Family Court under the Juvenile and Family Court Act and Juvenile and Family Procedure. Effective for lawsuits filed since October 1, 2016

5. A request for permission to dika appeal of civil cases that are not under the jurisdiction of the Specialized Case Division in the Supreme Court

A dikaappeal against a judgment or an order of the Court of Appeal or a Regional Court of Appeal in a civil case before the Civil Procedure Code Amendment Act (No. 27), B.E. 2558 comes into force is a system of rights with limitations on petitioning according to the amount of property and type of cases. However, due to the large number of cases brought to the Supreme Court, it is an obstacle to the accuracy and speedy judgment of the Supreme Court under the rule of law. It affects the confidence and faith of the people towards the court of justice. Therefore, the provisions on dika appeal in civil cases were amended to be a system for permission. The judgment of the Appeal Court or Regional Court of Appeal shall be final except for the case that the Supreme Court allows to dika appeal. Regarding cases filed prior to the effective date of this Act, the law in force prior to the date of this Act comes into force shall be applied until the case is final. After the case is final and this Act comes into force, a dika appeal for a judgment relating to proceedings that occur afterwards must be enforced by the Act Amending the Civil Procedure Code (No. 27), B.E. 2558.

Effective for civil lawsuits filed since 8 November 2015

6. Other requests as determined by the President of the Supreme Court, such as

Request for transfer of a criminal case submitted to the President of the Supreme Court in accordance with Section 26 of the Criminal Procedure Code

Laws

Civil Procedure Code

Regulation of the President of the Supreme Court Governing the Request for Permission to Present a Petition in Civil Cases, B.E. 2558 (2015)
Regulation of the President of the Supreme Court Governing the Request for Permission to Present a Petition in Civil Cases (No.2), B.E. 2564 (2021)

Criminal Procedure Code

Judicial Regulation on Practices of Provisional Release in the Appellate Courts and the Supreme Court and Guidelines for the Treatment of the Person whom the Provisional Release has been Granted, B.E. 2565 (2022)
Regulation of the President of the Supreme Court on Provisional Release and the Procedures of the Setting of Security in Criminal Case, B.E. 2565 (2022)

Regulation of the President of the Supreme Court

Act on Measures for Supervising and Arresting Persons in Breach of Provisional Release B.E. 2560 (2017)

Regulation of the Judicial Administration Commission on Qualifications, Prohibitions, Appointment, and the Discharge of Duty of Supervisor of the Person whom the Provisional Release has been Granted, B.E.2561 (2018)

Act on Establishment of the Court for Corruption and Misconduct Cases, B.E.2559 (2016) Act on Procedures for Corruption and Malfeasance Cases B.E.2559 (2016)

Regulation of the President of the Supreme Court on the Procedures for Corruption and Malfeasance Cases, B.E.2559 (2016)
Regulation of the President of the Supreme Court on the Procedures for Corruption and Malfeasance Cases (No.2), B.E.2560 (2017)
Regulation of the President of the Supreme Court on the Procedures for Corruption and Malfeasance Cases (No.3), B.E.2562 (2019)
Regulation of the President of the Supreme Court on the Procedures for Corruption and Malfeasance Cases (No.4), B.E.2564 (2021)

Procedures for Human Trafficking Cases Act, B.E.2559 (2016)

Regulation of the President of the Supreme Court on the Proceedings of Human Trafficking Cases, B.E.2559 (2016)
Regulation of the President of the Supreme Court on the Proceedings for Human Trafficking Cases (No.2), B.E.2559 (2016)

Act on Prescribing Time Limites for Justice Process, B.E. 2565 (2022)

Judicial Regulation on Prescribing Time Limites for the Procedures of the Court of Justice, B.E.2566 (2023)
Announcement of the Supreme Court on Prescribing Time Limites for the Procedures of Certain Cases in the Supreme Court