Article 223: Trial Court Screens and Forwards Dika

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 646/2565 (2022)

   The Court of First Instance may refuse a Dika under Section 223 and record its reasons, but a point of law concerning public order may be raised even if not argued in the lower courts, so such a point should be accepted for consideration.

   The Court of First Instance refused part of the defendant's Dika under Section 223, reasoning that the point had not been raised below. On the defendant's appeal, the Supreme Court held the point was a public-order question of law that could be raised under Section 195 paragraph two with Section 225, and ordered that part accepted.

2. Arrêt de la Cour suprême n° 2483/2561 (2018)

   Under Section 223 the Court of First Instance may examine a Dika and refuse it where the person who signed and filed it is not a party under Section 2(15) and so has no right to file under Section 216.

   The Court of First Instance examined the Dika and refused it under Section 223 because the person who signed and filed it was not a party within Section 2(15) and had no right to file a Dika under Section 216, illustrating the trial court's screening duty.

3. Arrêt de la Cour suprême n° 14756/2558 (2015)

   Deciding whether to accept or reject a Dika is the duty of the Court of First Instance under Section 223; forwarding the Dika to the Supreme Court to rule instead is improper.

   In a narcotics case, the defendant filed a Dika without the required leave application, and the trial court sent it to the Supreme Court to decide. The Supreme Court held that ruling on acceptance was the trial court's duty under Section 223 via the Narcotics Cases Procedure Act, so forwarding it up was improper.

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