Article 193 ter: Certified Leave to Appeal a Barred Case

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 413/2560 (2017)

   Leave to appeal a barred fact case must come from the judge who signed the judgment; a request to the chief judge instead, without that judge's leave, is unlawful under Section 193 ter.

   In a juvenile case barred from fact appeal under Section 193 bis, the defendant asked the chief judge of the juvenile and family court to grant leave rather than the judge who signed the trial judgment. The Supreme Court held this was unlawful and contrary to Section 193 ter, although it separately reduced the outcome on the merits given the youth and circumstances of the offender.

2. Arrêt de la Cour suprême n° 9648/2559 (2016)

   A chief judge who did not try, sign, or dissent in the case cannot grant leave to appeal under Section 193 ter, so accepting such an appeal is unlawful and may be raised as a public-order point.

   The chief judge of the juvenile and family court was not a judge who tried, signed, or wrote a dissent in the trial judgment, so under Section 193 ter he could not grant leave to appeal. The Supreme Court held that the trial court's acceptance of the appeal and the Court of Appeal Region 1's ruling on it were therefore unlawful, a public-order point it could raise on its own under Sections 195 paragraph 2 and 225.

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