Article 190: No Alteration of a Judgment Once Read

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2361/2567 (2024)

   After a case is final, the court cannot revisit a penalty enhancement because that is a substantive change, not the correction of a clerical or typing error permitted by Section 190.

   The penalty enhancement had already been fully applied before the later Act took effect, so the defendant gained no benefit from it. The Supreme Court held that once the case was final the enhancement could not be changed, as it was not a clerical correction under Section 190 and did not fall within Penal Code Sections 2 or 3 that would allow reopening the case.

2. Arrêt de la Cour suprême n° 322/2567 (2024)

   Issuing a new imprisonment warrant that reorders how sentences run consecutively after a judgment is final amounts to a prohibited alteration of a read judgment under Section 190.

   The defendant sought a warrant ordering that this case's imprisonment be counted together with, or consecutive to, another final case. The Supreme Court held that changing how the sentences ran would effectively alter a final judgment contrary to Section 190, which permits only correction of writing or typing errors, and upheld the lower court in result.

3. Arrêt de la Cour suprême n° 2610/2566 (2023)

   Re-fixing a penalty to correct only the one-third enhancement is a lawful re-determination of the sentence, not a prohibited alteration of a final judgment under Section 190.

   The trial court re-determined the defendant's penalty only as to the one-third enhancement under Penal Code Section 92, treating the enhancement as part of the sentence fixed by the judgment. The Supreme Court held this was a lawful re-fixing of the penalty and not an amendment of a final judgment prohibited by Section 190, and reversed the Court of Appeal to restore the trial court's order.

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