Article 205: Statements Explaining the Appeal

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 3515/2563 (2020)

   A filing that adds new matter beyond the appeal amounts to an out-of-time amendment and cannot be allowed, but may be received as a statement under Section 205; by paragraph three a written statement is not part of the appeal and only explains the grounds, so if it contains nothing that could change the result it gives no basis to revoke the reading of the appellate judgment.

   The defendant tried to add a new circumstance to support a suspended sentence after the appeal deadline. The Supreme Court held this was a time-barred amendment that could only be received as a statement under Section 205, and since the statement offered nothing that could alter the appellate judgment, there was no ground to revoke its reading.

2. Arrêt de la Cour suprême n° 12868/2558 (2015)

   Even where a written statement is filed before the Court of Appeal renders judgment under Section 205 paragraph two, paragraph three provides that it is not part of the appeal but only an explanation of the grounds, so information such as payment of compensation offered to support a suspended sentence carries only that limited weight.

   The defendant filed a written statement noting he had paid compensation to the injured parties to support a suspended sentence. The Supreme Court held that under Section 205 paragraph three the statement was only an explanation of the appeal grounds, not part of the appeal itself.

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