192 — ห้ามพิพากษาเกินคำขอหรือนอกฟ้อง

คำแปลภาษาไทย

The court shall not render a judgment or order exceeding the request or on a matter not stated in the charge. If the court is of the opinion that the facts appearing in the trial differ from the facts stated in the charge, the court shall dismiss the case, unless such difference is not material and the defendant was not misled in his defense; the court may punish the defendant according to the facts so established. Where the difference is merely a detail, such as concerning the time or place of the commission of the offense, or a difference among the offenses of theft, extortion, blackmail, fraud, defrauding creditors, embezzlement, receiving stolen property, and causing damage to property, or a difference between an intentional and a negligent act, it shall not be deemed a material difference, and the matter so established shall not be deemed to exceed the request or to be a matter the prosecutor did not intend to be punished, unless it appears to the court that the erroneous charge caused the defendant to be misled in his defense; provided, however, that the court shall not punish the defendant beyond the penalty prescribed by law for the offense charged by the prosecutor. If the court is of the opinion that certain facts stated in the charge and appearing in the trial are not matters the prosecutor intended to be punished, the court shall not punish the defendant on those facts. If the court is of the opinion that the prosecutor has duly proved the facts stated in the charge, but the prosecutor cited the wrong category of offense or the wrong section, the court has the power to punish the defendant under the correct category of offense. If the offense charged comprises several acts, each of which may itself constitute an offense, the court may punish the defendant for any one of those acts as established in the trial.

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