Article 196: No Separate Appeal of Interlocutory Orders

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 728/2566 (2023)

   An order refusing a postponement is an interlocutory order that does not dispose of the case; an appeal against it that does not also contest the judgment is barred under Section 196.

   The Court of Appeal found that the trial court's refusal to postpone the case was an interlocutory order not disposing of the case, and that the plaintiff's appeal nowhere contested the trial court's judgment. Because the plaintiff did not appeal the judgment as well, the appeal was barred under Section 196 and rightly not considered.

2. Arrêt de la Cour suprême n° 4456/2564 (2021)

   An order that finally disposes of a distinct charge is not an interlocutory order, so a party may appeal it on its own and is not barred by Section 196.

   The trial court's order disposing of the rape charge under Section 39(2), a charge severable from the others, was held to have finished that issue and so was not an interlocutory order. The prosecutor therefore had the right to appeal it on its own without being barred by Section 196, and the Court of Appeal Region 6 properly ruled on it.

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