Section 167 — Prima Facie Ruling After Preliminary Hearing
Statutory text (Thai original)
ถ้าปรากฏว่าคดีมีมูล ให้ศาลประทับฟ้องไว้พิจารณาต่อไปเฉพาะกระทงที่มีมูล ถ้าคดีไม่มีมูล ให้พิพากษายกฟ้องคำสั่งของศาลที่ว่าคดีมีมูลให้แสดงข้อเท็จจริงและข้อกฎหมายพร้อมเหตุผลประกอบตามสมควรด้วย
English translation
If it appears that the case has a prima facie basis, the court shall accept the charge and proceed with the trial only as to the counts that have a prima facie basis; if the case has no prima facie basis, the court shall dismiss the charge. An order of the court that the case has a prima facie basis shall set out the facts and the law, together with reasons in support, as appropriate.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This is the operative decision at the end of the preliminary hearing in this Title: the court either accepts the charge for trial or dismisses it, and it may do so count by count so that only the counts with a prima facie basis proceed. The requirement that a prima-facie-case order state facts, law, and reasons was added to discipline the ruling and make it reviewable. It works directly with Section 170, under which a finding that the case has merit is final while a no-merit dismissal may be appealed by the prosecutor, and courts have read it together with Section 185 to allow dismissal where the alleged conduct is not an offense.
Why this matters in practice
For a defendant, the prima-facie ruling is the first real filter: counts found to have no basis are dismissed and drop out, while a finding of merit sends the case to full trial. The prosecutor cannot challenge a merit finding but may appeal a dismissal, so the stakes at this stage are asymmetric. Because a proper order must give reasons, both sides can scrutinize whether the court adequately explained its ruling. To understand how these stages fit together, see what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6997/2561 (2018)
When the court has examined the charge and finds the alleged conduct discloses no offense, it may dismiss the charge without first holding a preliminary hearing, under Section 167 together with Section 185 paragraph one.
A plaintiff sued members of a judicial commission over an order suspending him from duty. The Supreme Court agreed with the appeal court that the conduct disclosed no offense, holding that a court may dismiss such a charge without a preliminary hearing under Section 167 with Section 185, without breaching Section 162(1).
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Supreme Court Judgment No. 1268/2558 (2015)
Under Section 167 the court accepts for trial only the counts with a prima facie basis and dismisses those without, and read with Section 170 a finding that the case has merit is final while a no-merit order may be appealed.
The issue was whether the appeal court could dismiss a defamation count that the trial court had found to have a prima facie basis. The Supreme Court set out Section 167 and Section 170 paragraph one, noting that a merit finding at the preliminary hearing is conclusive while a no-merit dismissal is appealable.
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Supreme Court Judgment No. 12142/2558 (2015)
An order finding the case has a prima facie basis must, under Section 167 read with Section 187, state supporting reasons as appropriate; where the trial court weighed the evidence and gave reasons, the order stands.
After a preliminary hearing the trial court found a prima facie case on numerous Penal Code counts and accepted the charge. A defendant moved to revoke the order as breaching Sections 167 and 187, but the court confirmed it had ruled under those sections and stated reasons as appropriate, consistent with the guidance of the President of the Supreme Court.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What does it mean when a court says a case has a prima facie basis?
Under Section 167, it means the preliminary hearing showed enough basis for the charge to proceed to a full trial. The court accepts only the counts with a prima facie basis and dismisses the rest.
Must the court explain a prima facie ruling?
Yes. Section 167 requires an order finding a prima facie case to set out the facts, the law, and supporting reasons, so the ruling can be understood and reviewed.