Section 162 — Court Action on a Proper Charge
Statutory text (Thai original)
ถ้าฟ้องถูกต้องตามกฎหมายแล้ว ให้ศาลจัดการสั่งต่อไปนี้
(๑) ในคดีราษฎรเป็นโจทก์ ให้ไต่สวนมูลฟ้อง แต่ถ้าคดีนั้นพนักงานอัยการได้ฟ้องจำเลยโดยข้อหาอย่างเดียวกันด้วยแล้ว ให้จัดการตามอนุมาตรา
(๒)
(๒) ในคดีพนักงานอัยการเป็นโจทก์ ไม่จำเป็นต้องไต่สวนมูลฟ้อง แต่ถ้าเห็นสมควรจะสั่งให้ไต่สวนมูลฟ้องก่อนก็ได้ในกรณีที่มีการไต่สวนมูลฟ้องดังกล่าวแล้ว ถ้าจำเลยให้การรับสารภาพ ให้ศาลประทับฟ้องไว้พิจารณา
English translation
If the charge is correct according to law, the court shall make the following order: (1) in a case where a private person is plaintiff, a preliminary examination shall be held; but if the public prosecutor has also charged the defendant with the same offence, the matter shall be dealt with under subsection (2); (2) in a case where the public prosecutor is plaintiff, a preliminary examination is not necessary, but if the court thinks fit it may order a preliminary examination to be held first. Where such a preliminary examination has been held, if the defendant pleads guilty, the court shall accept the charge for trial.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This section directs the court's next step once a charge passes the correctness test in Sections 158 and 161. It distinguishes private prosecutions, which require a preliminary examination to screen whether the case has prima facie merit, from public prosecutions, where the prosecutor's involvement makes a preliminary examination optional. The purpose of the mandatory preliminary examination in private cases is to let the court check that the alleged events genuinely occurred and that the court is not being used as a tool for harassment, a concern also addressed by Section 161/1. Accepting the charge for trial is not automatic; the court may still decline to proceed for reasons apparent on the face of the case.
Why this matters in practice
For a defendant in a private prosecution, the preliminary examination is the first real filter: the plaintiff must show the case has enough substance before the court accepts it, and the court may dismiss even without a full examination if it sees no offence, or the case is time-barred. For public prosecutions, expect the court to accept the charge without a preliminary examination in most cases. Understanding this early stage helps you plan your defence and know when the case truly begins.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1688/2561 (2018)
Accepting a private prosecution for preliminary examination under Section 162(1) does not oblige the court always to hold the examination, find prima facie merit, and accept the charge. If the court sees that the defendant did not commit the act, the act is not an offence, the case is time-barred, or another legal ground applies, it may dismiss without doing so.
The plaintiffs argued the courts below wrongly dismissed their case without holding a preliminary examination or accepting the charge under Section 162(1). The Court held that accepting a charge for preliminary examination does not require the court always to examine, find merit and accept it, and that dismissal is proper where, for example, no offence exists or the case is time-barred.
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Supreme Court Judgment No. 4582/2543 (2000)
The purpose of the preliminary examination required by Section 162(1) in private prosecutions is to let the court screen at the outset whether the case has prima facie merit, that the alleged events really occurred, so the court is not used as a tool to trouble the other party through vexatious litigation.
The Court explained that Section 162(1) requires a preliminary examination in private prosecutions so the court can check at the outset whether the case has real merit, meaning the pleaded events genuinely happened, and is not a vexatious action using the court to harass the opposing party.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does every criminal case in Thailand need a preliminary examination?
No. Under Section 162, a private prosecution requires a preliminary examination, but a case brought by the public prosecutor does not, unless the court thinks fit to order one.
What is the purpose of a preliminary examination in a private prosecution?
It lets the court screen whether the case has prima facie merit, that the alleged events really happened, so the court is not used as a tool to harass the defendant, before accepting the charge for trial.