Article 200: Service of the Appeal for the Reply

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 226/2567 (2024)

   Substituted service by posting is proper only where the party cannot be found, is evading, or refuses the document; if none applies, deciding the appeal without valid service breaches Section 200.

   The Supreme Court held that posting the copy of the prosecutor's appeal at the defendant's address could not be treated as a case where the defendant could not be found, was evading, or refused it under Section 201. The Court of Appeal's decision without serving the defendant a copy to reply was therefore contrary to Section 200; the judgment was set aside and the case returned for proper service.

2. Arrêt de la Cour suprême n° 3244/2563 (2020)

   Section 200 is a special provision for criminal cases, and Section 195 paragraph two allows a point about failure to comply with the provisions on appeals to be raised by the appellant or by the court. Section 27 of the Civil Procedure Code on revoking irregular proceedings therefore has no application. Where the copy of the appeal cannot be served because the party cannot be found, has absconded or deliberately refuses it, Section 201 applies and the file goes on to the Court of Appeal, so the proceedings are lawful.

   The first defendant applied to revoke the service of the copy of the appeal because the person who received it was under twenty. The Court of Appeal Region 1 dismissed the application for not meeting the requirements of section 27 of the Civil Procedure Code. The Supreme Court held that wrong, since Section 200 is a special criminal provision with its own remedy in Section 195 paragraph two, so the first defendant was entitled to make the application. On the merits, however, he was away from the address at the time and had committed an offence elsewhere, so service could not be effected because he could not be found or had absconded; Section 201 then applied and the proceedings on service were lawful.

3. Arrêt n° 2064/2562 de la Cour suprême (2019)

   Serving the copy of the appeal is the court's duty under Section 200; even if the court wrongly ordered the appellant to effect service, that does not by itself defeat the appellant's rights.

   The Supreme Court held that serving the copy of the appeal on the defendant must follow Section 200, under which the court, not the appellant, has the duty to serve. Although the trial court had wrongly directed the plaintiff to effect service and pay the fees, the court examined whether the plaintiff had truly neglected the case when the officer could not find the defendant's address.

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