Article 198 bis: Challenging a Refusal to Accept an Appeal

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3728/2561 (2018)

   Where the Court of Appeal affirms a trial court's refusal to accept an appeal, that order is final under Section 198 bis paragraph 3, and the defendant has no right to petition the Supreme Court.

   The trial court refused the defendant's appeal because he did not present himself. His counsel petitioned against that refusal, and the Court of Appeal Region 4 ruled on the point and dismissed the petition, affirming the trial court. The Supreme Court held that under Section 198 bis paragraph 3 this order was final, so the defendant had no right to petition, and it declined to rule.

2. Arrêt de la Cour suprême n° 6816/2560 (2017)

   A petition contesting a refusal to accept an appeal under Section 198 bis must be filed within fifteen days of being deemed to know the refusal, which can be the same day where the appellant chose not to await the order.

   The trial court refused the prosecutor's appeal because the trial judge did not permit a fact appeal, and the prosecutor petitioned under Section 198 bis to send the matter to the Court of Appeal. Because the appeal bore the standard notation that if the party did not await the order it would be deemed known, the Court of Appeal treated the prosecutor as knowing the refusal that same day for purposes of the fifteen-day filing period.

3. Arrêt n° 2483/2566 de la Cour suprême (2023)

   Where the underlying order is not truly an interlocutory order because the case had already been disposed of, the appeal is not barred and the Court of Appeal's order is not final under Sections 196 and 198 bis.

   After the case had already been disposed of by the order allowing withdrawal, the trial court's later order revoking the proceedings and the dismissal was not an interlocutory order. The Supreme Court held the defendant's appeal was therefore not barred and the Court of Appeal's order was not final under Sections 196 and 198 bis, reversed, and directed that the defendant's appeal be accepted.

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