Article 215: Appeal Court Applies First-Instance Rules

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 7946/2568 (2025)

   Once a case reaches the Supreme Court, the Court may review whether the penalty imposed by the Court of Appeal is appropriate, applying Section 185 paragraph two together with Section 215 and Section 225.

   The defendant was found guilty of multiple counts, including unlawful use of another person's electronic card to pay for goods. The Supreme Court affirmed the Court of Appeal but confirmed it retained power, through Section 185 paragraph two read with Sections 215 and 225, to review the appropriateness of the sentence.

2. Arrêt de la Cour suprême n° 7491/2568 (2025)

   Even when the Court of Appeal acquits, it must still rule on forfeiture of the exhibits requested by the prosecution under Section 186(9) via Section 215; failing to do so is improper and the Supreme Court will correct it.

   The Court of Appeal had acquitted but failed to decide on forfeiture of a firearm exhibit. The Supreme Court held that the duty to rule on exhibits under Section 186(9) applies at the appeal stage through Section 215, and ordered the firearm forfeited under Penal Code Section 32.

3. Arrêt de la Cour suprême n° 1546/2568 (2025)

   A point of law concerning public order, such as the absence of prosecution evidence to convict, may be raised by the Court of Appeal on its own even if the defendant did not appeal it, under Section 185 paragraph one and Section 195 paragraph two via Section 215.

   The prosecution had withdrawn its witnesses, leaving no evidence to convict on armed robbery. The Supreme Court confirmed the Court of Appeal could raise this public-order defect on its own through Section 215, even though the defendant had not appealed the point.

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