Section 166: Dismissal for Prosecutor's Non-Appearance

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 963/2564 (2021)

   When a private prosecutor claims the evidence-examination hearing had been cancelled, the trial court must first hold an inquiry into that claim before deciding whether the absence was without reasonable cause; only then can Section 166 paragraph two, applied through Section 173/2, operate.

   The prosecutor did not appear on the evidence-examination day and the charge was dismissed. The prosecutor sought to set aside the proceeding, arguing the hearing date had been cancelled. The Supreme Court held that if that were true the prosecutor could not be treated as absent, and the fifteen-day reapplication rule would not apply; the trial court should first inquire into the claim before ruling.

2. Supreme Court Judgment No. 4154/2563 (2020)

   Where the private prosecutor and counsel fail to appear on the preliminary-hearing date, the court dismisses the charge under Section 166, and a later application to take the case up again for a new preliminary hearing may be refused.

   In a private prosecution seeking punishment under the Penal Code and return of money to the heirs, the prosecutor and counsel did not appear on the preliminary-hearing date and the trial court dismissed the charge under Section 166. The prosecutor's application to reopen the preliminary hearing was denied, and appeals over the related civil court fees followed.

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