Section 3: Acting on behalf of an injured person

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 4536/2565 (2022)

   A legal representative has authority to act for the injured person under Section 5(1) and a right to join as co-plaintiff under Section 3(2), but where the guardian is hostile to the minor the court may instead appoint a special representative.

   The Court recognized that a lawful representative may act for the injured person under Section 5(1) and apply to join the prosecution as co-plaintiff under Section 3(2). But where, in a case involving a minor victim, the natural guardian is adverse to the child, the court may appoint a special representative for the case instead.

2. Arrêt de la Cour suprême n° 4217/2565 (2022)

   A father who lost parental authority on divorce is not a lawful representative under Sections 3 and 5(1); the resulting defect in capacity does not require immediate dismissal but should be corrected first.

   After the parents divorced and the mother was given parental power, the father was no longer the lawful representative under Sections 3 and 5(1). His application, on the minor's behalf, to join as co-plaintiff and seek compensation was therefore defective in capacity. The Court held the defect should be corrected under Civil Procedure Code Section 56 paragraph two rather than dismissed outright.

3. Arrêt de la Cour suprême n° 1288/2564 (2021)

   A father, as representative of his minor child, may validly compound under Sections 3(5) and 5(1); in a compoundable offense this extinguishes the right to prosecute under Section 39(2).

   The victim's father agreed that if the defendants paid compensation he would not pursue civil or criminal proceedings, and they complied. The Court held this was a valid compromise by the father on behalf of his minor child under Sections 3(5) and 5(1). As the unlawful-detention offense was compoundable, the right to prosecute was extinguished under Section 39(2).

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