Article 167: Prima Facie Ruling After Preliminary Hearing

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6997/2561 (2018)

   When the court has examined the charge and finds the alleged conduct discloses no offense, it may dismiss the charge without first holding a preliminary hearing, under Section 167 together with Section 185 paragraph one.

   A plaintiff sued members of a judicial commission over an order suspending him from duty. The Supreme Court agreed with the appeal court that the conduct disclosed no offense, holding that a court may dismiss such a charge without a preliminary hearing under Section 167 with Section 185, without breaching Section 162(1).

2. Arrêt de la Cour suprême n° 1268/2558 (2015)

   Under Section 167 the court accepts for trial only the counts with a prima facie basis and dismisses those without, and read with Section 170 a finding that the case has merit is final while a no-merit order may be appealed.

   The issue was whether the appeal court could dismiss a defamation count that the trial court had found to have a prima facie basis. The Supreme Court set out Section 167 and Section 170 paragraph one, noting that a merit finding at the preliminary hearing is conclusive while a no-merit dismissal is appealable.

3. Arrêt de la Cour suprême n° 12142/2558 (2015)

   An order that a case has a prima facie basis must set out the facts and the law together with supporting reasons under Section 167. But a refusal by the same court to revoke that order is an interlocutory order which does not dispose of the case, so Section 196 bars an appeal against it until judgment or an order on a principal issue, and the adequacy of the reasons required by Section 167 cannot be tested before then. The Supreme Court did not decide whether the reasons given here were adequate.

   After the preliminary hearing the court accepted the charge, and the defendant applied to have that order revoked as contrary to Sections 167 and 187. The court refused. The Supreme Court held the refusal an interlocutory order which did not dispose of the case, since the evidence of both sides had still to be heard, so it could not be appealed until judgment or an order on a principal issue, under Section 196. It did not decide whether the reasons given for the prima facie order were adequate.

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