Convicted Of A Crime By A Thai Court

[keestha]

Question: If one is convicted of a crime by a Thai court, does one always have the right to appeal, or does this depend on circumstances?

Thanks in advance for any useful input.

[slimdog]

If a person has been convicted of a crime in The Court of 1st Instance (Kwang Court), then they have two options:

Appeal of Sentence

This is unlimited. It means that the defendant accepts the judgement of the court, but is appealling against the sentence imposed.

It should be noted that as well as reducing a sentence or fine, it is within the courts power to also increase a sentence or fine, on the provision that it is still within the sentencing guidelines.

Appeal of Fact

This is limited. It means that the defendant disagrees with the judgement. The limits are:

No term of imprisonment has been given (even suspended)

A fine has been imposed of less than 1000 baht

It should be noted that although there are limits to an appeal of Fact; If one of the judges is of the opinion that an appeal maybe in the public interest, even if it is outside the limits, then an appeal will be allowed.