Section 169 — Summons or Arrest Warrant to Secure Defendant
Statutory text (Thai original)
เมื่อศาลประทับฟ้องแล้ว แต่ยังไม่ได้ตัวจำเลยมา ให้ศาลออกหมายเรียกหรือหมายจับมาแล้วแต่ควรอย่างใดเพื่อพิจารณาต่อไป
English translation
When the court has accepted the charge but the defendant has not yet been brought before it, the court shall issue a summons or an arrest warrant, whichever is appropriate, in order to proceed with the 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 provision, in the Title on filing criminal charges and the preliminary hearing, addresses the practical problem of an absent defendant after the court has accepted the charge under Section 167. It gives the court discretion to choose between a summons, which simply directs the defendant to appear, and an arrest warrant, which compels attendance, according to what is appropriate in the circumstances. Courts have read it as a discretionary power to be exercised as suited to the case, and in privately prosecuted matters the order to summon the defendant is coupled with the prosecutor's duty to arrange service. It ensures that acceptance of the charge translates into securing the defendant for the trial that follows.
Why this matters in practice
Whether the court chooses a summons or an arrest warrant matters greatly to a defendant: a summons expects voluntary appearance, while a warrant authorizes arrest. In privately prosecuted cases, the private prosecutor is typically ordered to arrange service of the summons within a set time, and failure to move the case forward can have consequences for the prosecutor. A defendant who learns a charge has been accepted should appear or respond promptly rather than risk a warrant, and can prepare by reviewing what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 612/2526 (1983)
Section 169 confers on the court a discretion to decide, as appropriate, whether a case calls for a summons or an arrest warrant.
The Supreme Court explained that Section 169 leaves it to the court's discretion whether to issue a summons or an arrest warrant. On the facts, where the person was also a defendant in another criminal case in which an arrest warrant had already issued, the judge's exercise of discretion to issue an arrest warrant was proper.
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Supreme Court Judgment No. 1262/2526 (1983)
Where the court, having found a prima facie case and accepted the charge, orders a summons issued to the defendant under Section 169 and directs the private prosecutor to serve it, the prosecutor bears the duty to carry the case forward within the time the court sets.
After finding a prima facie case, the trial court accepted the charge, ordered a summons to the defendant, and directed the private prosecutor to serve it within seven days. The Supreme Court held the summons order followed Section 169 and the relief sought in the complaint, and that ordering the prosecutor to serve it obliged the prosecutor to move the case forward within the set time.
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Supreme Court Judgment No. 13881/2556 (2013)
An order that a summons be issued to the defendants and served by the private prosecutor accords with Section 169 as applied through the specialized court's procedure statute, and also gives effect to the relief the prosecutor sought.
In a case in the Central Intellectual Property and International Trade Court, the court ordered summonses issued to three defendants and directed the private prosecutor to serve them. The Supreme Court held this complied with the IP and International Trade Court procedure statute applied together with Section 169, and also carried out the relief requested in the complaint.
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 the court do if the defendant is not yet before it after accepting the charge?
Under Section 169, the court issues either a summons or an arrest warrant, whichever is appropriate, so it can proceed with the trial.
Does the court have to issue an arrest warrant?
No. Section 169 gives the court discretion to choose between a summons and an arrest warrant depending on what is appropriate in the case; it is not required to arrest in every situation.