Assault Resulting in Grievous and Permanent Injury Charges
Article 2 The Prosecutor is the Plaintiff, prosecuting Mr. Damrong as the Defendant, on the charge of assault causing injury to another person, in violation of the Criminal Code Section 295, which carries a sentence of imprisonment not exceeding two years and a fine not exceeding 4,000 baht, or both, or alternatively, imprisonment and/or fine.
During the consideration, Mr. Suasak was presiding judge, additional facts were presented. During the consideration, it was found that the injuries sustained by the victim were grievous and permanent, constituting a violation of Section 297 (4) of the Criminal Code, which carries a sentence of imprisonment from six months to ten years.
If Judge Suasak presided over the aforementioned case:
(a) He may rule to dismiss the charges against the Plaintiff, citing the case exceeding the court’s jurisdiction, or pursuant to Section 269;
(b) He may sentence Mr. Damrong, the Defendant, under another judgment, which may be deemed consistent with the principles of the Court of Justice and Equity.
Answer: In the first case, the judgment of the District Court was deemed unlawful, requesting the imposition of punishment on Mr. Damrong, the Defendant, pursuant to Section of the District Court to adjudicate as per the principles of the Court of Justice, Section 17 combined with Section 25 (5). The injuries sustained by the victim resulted in permanent disfigurement, constituting a violation of Section 297 (4) of the Criminal Code, which carries a sentence exceeding the court’s jurisdiction, and is beyond the scope of the Plaintiff’s request. This was presented in the consideration, in accordance with Section 192 of the Criminal Procedure Code, which prohibits the court from issuing judgments or orders beyond the request or not mentioned in the complaint.
In the second case, Judge Suasak, the sole judge of the District Court, has the authority to adjudicate and sentence, not exceeding six months, pursuant to Section 25 (5) of the Court of Justice. Therefore, the judgment of Judge Suasak, the District Court Judge, sentencing Mr. Damrong, the Defendant, to imprisonment for one year, is deemed unlawful (5 points).