Protective Restriction Issued Due to Reasonable Suspicion of Harm
Order 6. The Prosecutor charged Mr. Meed pursuant to Section attempted assault of Mr. Chao. The Court ruled that Mr. Meed’s actions did not constitute an actual commission of the offense, but there was reasonable cause to believe that Mr. Meed would commit a harmful act by assaulting Mr. Chao if given the opportunity. Therefore, the Court ordered a protective measure imposed upon Mr. Meed, requiring Mr. Meed to pay a fine of 5,000 Baht for a period of 2 years from the date of the court’s order. The Prosecutor filed an appeal arguing that the Court had already considered the defendant’s testimony to be an act of wrongdoing and requested that the Court impose punishment on the defendant accordingly. Mr. Meed also appealed, stating that he had no intention of committing a harmful act endangering Mr. Chao and requested that the Court dismiss the order imposing the fine upon him.
Regarding the appeal of the Prosecutor and Mr. Meed, please advise whether the Court of Appeals will consider criminal proceedings in the District Court.
The appeal of Mr. Meed, which disputes his conduct without conceding to the findings of the Court, is an appeal of a matter of fact. Even in this case, the appeal is not subject to the exceptions provided for defendants.
(1)-(4). The appeal of Mr. Meed is therefore invalid according to the Rules of Criminal Procedure.
Regarding the Prosecutor:
The Prosecutor initiated an appeal arguing that the defendant committed an act of wrongdoing. This appeal is in issue 164.
The appeal is pursuant to the Act Establishing District Courts and the Rules of Criminal Procedure in District Courts, B.E. 2499.