Article 194: Law-Only Appeal Binds Appellate Court to Found Facts

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2594/2562 (2019)

   In a law-only petition, the Supreme Court must accept the facts as found by the trial and appellate courts from the record and decide only the legal question, under Section 194 together with Section 225.

   The case reached the Supreme Court only on a question of law. The court held that under Section 194 together with Section 225 it had to accept the facts as determined by the trial court and the Court of Appeal Region 7 from the evidence in the record, and then examined the legal issues concerning attempted murder and firearms offenses on those settled facts.

2. Arrêt de la Cour suprême n° 9798/2555 (2012)

   The principle that a court deciding a law-only appeal must accept the facts found from the record applies by reference to specialized courts through Section 194.

   On appeal from the Central Intellectual Property and International Trade Court, the Supreme Court held it had to accept the facts found by that court from the record, applying that court's establishing statute together with Section 194. It then decided the legal issues, including the effect of the defendant's change of plea to guilty on the consumer-protection charge, on those settled facts.

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