Section 168 — Service of the Charge After Acceptance
Statutory text (Thai original)
เมื่อศาลประทับฟ้องแล้ว ให้ส่งสำเนาฟ้องให้แก่จำเลยรายตัวไป เว้นแต่จำเลยจะได้รับสำเนาฟ้องไว้ก่อนแล้ว
English translation
When the court has accepted the charge, a copy of the charge shall be delivered to the defendant individually, unless the defendant has already received a copy of the charge beforehand.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This short provision, in the Title on filing criminal charges and the preliminary hearing, secures a defendant's basic right to know the accusation by requiring individual service of the charge once the court accepts it under Section 167. The exception for a defendant who already holds a copy avoids duplicate service, which commonly arises where the defendant received the charge during the preliminary-hearing stage. It underpins the trial-stage duty in Section 172 to read and explain the charge to the defendant, since a defendant must have the charge in hand to prepare a defense.
Why this matters in practice
A defendant should make sure they actually receive the copy of the charge, because it is the document that defines the accusation and the starting point for building a defense. If service is missed, the defect can affect later steps such as arraignment and the reading of the charge at trial. A defendant who has just been served and needs to understand the accusation can arrange an online consultation with a Thai lawyer.
Frequently asked questions
When does a defendant get a copy of the charge?
Under Section 168, once the court accepts the charge for trial it must deliver a copy to each defendant individually, unless the defendant already received a copy earlier.
Does every defendant get served separately?
Yes. Section 168 requires the copy to be delivered to each defendant individually, so co-defendants are each served, except any who already have a copy.