มาตรา 140 — การทำและการอ่านคำพิพากษาและคำสั่ง

คำแปลภาษาไทย

The making of a judgment or order of the court shall follow these rules:
(1) The court must be fully constituted in accordance with the provisions of law on the jurisdiction of courts and the authority of judges.
(2) Subject to the provisions of Section 13, if a judgment or order must be made by several judges, that judgment or order must follow the opinion of the majority. In the court of first instance and the appeal court, if any judge dissents, that judge shall write the substance of the dissenting opinion and its reasons and attach it to the case file.
In the appeal court or the Supreme Court, if the president of the appeal court or the President of the Supreme Court, as the case may be, considers it appropriate, a question in any case may be decided by the full court or by the division; and if a law requires a question or a case to be decided by the full court or the division, it shall be decided by the full court or the division, as the case may be.
Subject to the provisions of Section 13, in the absence of any law providing otherwise, the full court or the division of the appeal court or the Supreme Court shall consist of all the judges on duty, but not fewer than one half of the number of judges in that court or in the division holding the meeting, and the president of the appeal court or the President of the Supreme Court, the president of the division of the appeal court or the Supreme Court, as the case may be, or the person acting in that capacity, shall preside.
The decision of the full court or the division shall follow the majority of votes, and if the votes are equal, the president of the meeting shall cast an additional deciding vote.
In a case in which the full court or the division has decided a question, the judgment or order must follow the decision of the full court or the division, and it must state which questions were decided by the full court or the division. Judges who attended the meeting, even if they were not the judges who sat at the trial, have the power to give judgment or make the order in that case, and, only in the appeal court, may also make a dissenting opinion with reasons.
Where a question in any case has been decided by the division, if the president of the appeal court or the President of the Supreme Court, as the case may be, considers it appropriate, that question may be decided again by the full court.
(3) The reading of a judgment or order shall be a reading of the whole text in open court, at the time fixed in this Code, before both parties or one of them. In such a case, the court shall note it in the judgment or order or in a report of the reading, and the parties present in court shall sign as evidence. If the parties do not come to court, the court may dispense with the reading of the judgment or order; in such a case the court shall record it in a report, and the judgment or order shall be deemed to have been read according to law. On the day the court that decided the case, or that was ordered by a higher court to read the judgment or order, reads the judgment or order under this section, that day shall be deemed the day of judgment or order in that case.

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