Article 181: Application of Sections 139 and 166 to Trial

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3522/2563 (2020)

   A prosecutor's absence from a preliminary or mediation appointment that is not an evidence-examination or hearing date does not meet the requirement of Section 166 paragraph one together with Section 181, so the court cannot dismiss the charge for it.

   The trial court dismissed the charge because the prosecutor missed a date set for reconciliation. The Supreme Court held that because this was not an evidence-examination or hearing date, it did not fall under Section 166 paragraph one with Section 181, so the dismissal was unlawful and was rightly set aside by the appellate court.

2. Arrêt de la Cour suprême n° 9280/2551 (2008)

   Where the private prosecutor fails to appear on a scheduled date to continue examining his own testimony, the court may dismiss the charge under Section 166 paragraph one together with Section 181.

   After the private prosecutor had begun testifying over two hearing dates, he failed to appear at the next scheduled examination date. The trial court dismissed the charge under Section 166 paragraph one together with Section 181, the consequence of a prosecutor's non-appearance carried into the trial stage.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.