Article 222: Supreme Court Bound by Appeal Court Facts

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 2040/2566 (2023)

   In deciding a question of law, the Supreme Court must accept the facts as found by the Court of Appeal from the evidence in the case file, under Section 222.

   The legal question concerned excise tax classification of a rebuilt car. The Supreme Court applied Section 222 and decided the point on the facts found by the Court of Appeal, namely that the defendant had assembled purchased car parts into the vehicle and advertised it for sale.

2. Arrêt de la Cour suprême n° 4337/2565 (2022)

   In deciding whether the plaintiff is an injured person with standing under Section 2(4), a question of law, the Supreme Court must accept the facts found by the Court of Appeal under Section 222.

   In a case of forging a will, the legal question was whether the plaintiff had standing as an injured person. Applying Section 222, the Supreme Court accepted the appeal court's findings that the plaintiff and the third defendant were lawful heirs of the deceased whose will was forged.

3. Arrêt de la Cour suprême n° 4019/2564 (2021)

   Even in a narcotics case, in deciding a question of law the Supreme Court must accept the facts found by the Court of Appeal from the case file under Section 222, applied through the Narcotics Cases Procedure Act.

   The legal question was whether the defendant had conspired to commit narcotics offenses and sold methamphetamine. The Supreme Court applied Section 222 via the Narcotics Cases Procedure Act and decided on the settled facts from the appeal court about messaging and drug transactions.

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