Appeal Certification for Factual Issues in District Court Proceedings
Order 6. The Plaintiff filed a lawsuit against the Defendant alleging negligence resulting in injury to the body or mind before the District Court. The Court of First Instance sentenced the Defendant to a fine. Dissatisfied with the aforementioned judgment, the Defendant filed an appeal. Both parties, the Defendant and the Plaintiff, filed appeals. The Defendant argued that the lawsuit was overly broad, while the Plaintiff requested that the Defendant be sentenced to imprisonment, requesting that the Judge who presided over and signed the judgment in the aforementioned case certify the appeal. The Judge stated, “There is cause to appeal regarding the factual issues, and certification is granted.” Regarding whether the appeals of the Defendant and the Plaintiff were in accordance with the law?
Response: The District Court sentenced the Defendant to a fine not exceeding 1,000 Baht. Regarding factual issues under the Act Establishing District Courts and the Procedures for Criminal Proceedings, if permission to appeal were granted by a Judge who presided over and signed the judgment, or issued an opinion dissenting in the District Court, as stipulated in Section 22(4) of the Act promulgated in B.E. 2499 [1956], and signed the judgment or issued an opinion dissenting in the District Court, this is a critical issue warranting consideration by the Court of Appeal or the Attorney General or the Prosecutor appointed by the Attorney General, to certify the appeal.
(2) states that
The Plaintiff’s appeal is an appeal regarding factual issues, and therefore, must be denied. However, as there was certification granted, with the statement, “There is cause to appeal, and certification is granted,” this statement cannot be considered an authorization. Even if the Judge presided over the case and signed the judgment, authorization to appeal must include a clear statement that the issue presented in the judgment is significant, and authorizes an appeal. Therefore, the Plaintiff’s appeal is invalid under the Act Establishing District Courts and the Procedures for Criminal Proceedings, B.E. 2499 [1956]. The Defendant’s appeal that the Plaintiff’s lawsuit was overly broad, is an appeal regarding a legal issue, and the Court is permitted to accept it. The relevant law does not prohibit appeals under Section 22.