Section 186 — Required Contents of a Judgment
Statutory text (Thai original)
คำพิพากษาหรือคำสั่งต้องมีข้อสำคัญเหล่านี้เป็นอย่างน้อย
(๑) ชื่อศาลและวันเดือนปี
(๒) คดีระหว่างใครโจทก์ใครจำเลย
(๓) เรื่อง
(๔) ข้อหาและคำให้การ
(๕) ข้อเท็จจริงซึ่งพิจารณาได้ความ
(๖) เหตุผลในการตัดสินทั้งในปัญหาข้อเท็จจริงและข้อกฎหมาย
(๗) บทมาตราที่ยกขึ้นปรับ
(๘) คำชี้ขาดให้ยกฟ้องหรือลงโทษ
(๙) คำวินิจฉัยของศาลในเรื่องของกลางหรือในเรื่องฟ้องทางแพ่งคำพิพากษาในคดีที่เกี่ยวกับความผิดลหุโทษ ไม่จำต้องมีอนุมาตรา
(๔)
(๕) และ
(๖)
English translation
A judgment or order must at least contain the following essential particulars:
(1) the name of the court and the date;
(2) the case between whom, who is the prosecutor and who is the defendant;
(3) the subject matter;
(4) the charge and the plea;
(5) the facts established on the trial;
(6) the reasons for the decision on both questions of fact and questions of law;
(7) the sections of law applied;
(8) the ruling to dismiss the charge or to impose a penalty;
(9) the court's decision concerning the exhibits or concerning the civil claim.
A judgment in a case involving a petty offence need not contain sub-paragraphs (4), (5), and (6).
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 186 prescribes the mandatory anatomy of a judgment in Title 3 (Judgments and Orders). Each item is a component the court must address, and the Supreme Court has treated omissions as rendering a judgment unlawful, for instance failing to rule on the confiscation of exhibits under (9), or failing to give reasons and reach a ruling on an appeal ground under (6) and (8). A judgment that merely copies the lower court without independent reasons can fall short of (5) to (8). The lighter requirement for petty offences reflects their minor nature. In practice the section supports appellate review, because a judgment lacking these elements can be corrected or sent back.
Why this matters in practice
For anyone reading a judgment, this section is a checklist: a proper decision must state the facts found, give reasons on fact and law, cite the sections applied, deliver a clear ruling, and dispose of exhibits and any civil claim. If a judgment skips a required element, such as omitting to order confiscation or failing to explain its reasoning, that gap can be a ground of appeal and the higher court may correct it. When reviewing your own judgment, check that item (9) properly resolves any exhibits and the linked civil compensation claim, since these directly affect what you recover or lose. Have counsel confirm the judgment is complete before your appeal deadline runs.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7491/2568 (2025)
Even when acquitting, the court must rule on exhibits it is asked to confiscate under Section 186(9) with Section 215; failing to do so is unlawful and may be corrected by the higher court.
Although the appellate court had acquitted, it should still have ruled on the firearm exhibits the prosecutor asked to confiscate under Section 186(9) with Section 215. The Supreme Court held the failure to do so was unlawful and corrected it, ordering the firearm confiscated as an item unlawful to possess.
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Supreme Court Judgment No. 286/2567 (2024)
An appellate court that fails to rule on a prosecutor's appeal seeking a heavier penalty does not comply with the provisions on judgment, so its judgment offends Section 185 paragraph two and Section 186(6) and (8).
The appellate court did not decide the prosecutor's appeal seeking a heavier fine on the second defendant. The Supreme Court held this failure to give reasons and reach a ruling did not comply with the provisions on judgment and offended Section 185 paragraph two and Section 186(6) and (8), and it decided the point itself to avoid delay.
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Supreme Court Judgment No. 765/2567 (2024)
A judgment or order must contain the essential particulars set out in Section 186 paragraph one (1) to (9), including the facts found, reasons on fact and law, sections applied, and the ruling; a judgment merely copying the lower court without its own reasoning is unlawful.
The defendant argued the appellate judgment merely copied the trial court, adding little and giving no reasons for its findings. The Supreme Court recalled that a judgment must contain the essential particulars of Section 186 paragraph one (1) to (9), and that items (5) to (8) require the facts found, reasons on fact and law, the sections applied, and the ruling.
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 must a Thai criminal judgment contain?
Section 186 requires at least the court and date, the parties, the subject, the charge and plea, the facts found, reasons on fact and law, the sections applied, the ruling, and the decision on exhibits or the civil claim.
Is a judgment that omits a required element valid?
It can be unlawful. The Supreme Court has held that failing to include elements of Section 186, such as ruling on exhibits or giving reasons, makes the judgment defective and subject to correction on appeal.