Criminal Procedure Code

Section 187 — Required Contents of an Interlocutory Order

Statutory text (Thai original)

คำสั่งระหว่างพิจารณาอย่างน้อยต้องมี
(๑) วันเดือนปี
(๒) เหตุผลตามกฎหมายในการสั่ง
(๓) คำสั่ง

English translation

An interlocutory order made during the proceedings must at least contain:
(1) the date;
(2) the legal reasons for the order;
(3) the order.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Section 187 sets the minimum contents of an interlocutory order in Title 3 (Judgments and Orders), a lighter counterpart to the full judgment requirements of Section 186. An order made in the course of proceedings must at least carry a date, state the legal reasons behind it, and set out the order. The requirement of reasons is the key safeguard: it lets the parties and any reviewing court understand and test the basis of the ruling. The Supreme Court has considered this section together with Section 167 when examining whether an order committing a case for trial after a preliminary hearing was adequately reasoned.

Why this matters in practice

Interlocutory orders, such as a decision to commit a case for trial or to admit or reject evidence, must contain reasons, and an order that gives none can be challenged as improperly made. If an order during your case goes against you, check whether it states legal reasons, since a bare order without reasoning may be a ground to seek revocation or to raise later. Keep copies of every interlocutory order with its stated reasons, as they can matter when you build an appeal. Where an order threatens your position mid-case, get prompt advice on whether and how to contest it.

Supreme Court decisions interpreting this section

  1. Supreme Court Judgment No. 12142/2558 (2015)

    An order committing a case for trial after a preliminary hearing must state adequate reasons under Sections 167 and 187, and a court examining a challenge confirms whether the order was reasoned accordingly.

    The first defendant argued the order finding the case had merit and committing it for trial breached Sections 167 and 187. The court recorded that it had considered the prosecution and defence evidence and had made its order under Sections 167 and 187 with reasons appropriately stated, in line with the Chief Justice's guidance.

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 an interlocutory order in a criminal case contain?

Under Section 187, at least the date, the legal reasons for the order, and the order itself. The reasons requirement lets the parties and a reviewing court test the ruling.

Can an order with no reasons be challenged?

Yes. Because Section 187 requires legal reasons, an interlocutory order that gives none may be challenged as improperly made, as considered together with Section 167 on committing a case for trial.

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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