Section 197 — One Party's Appeal Does Not Bar Another's
Statutory text (Thai original)
เหตุที่มีอุทธรณ์คำพิพากษาหรือคำสั่งฉบับหนึ่งแล้วหาเป็นผลตัดสิทธิผู้อื่นซึ่งมีสิทธิอุทธรณ์ จะอุทธรณ์ด้วยไม่
English translation
The fact that an appeal has been filed against a judgment or order does not deprive another person who has the right to appeal of the right to appeal as well.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 197 preserves each eligible party's independent right of appeal within Title 4, Chapter 1. It makes clear that the filing of one appeal, whether by the prosecutor, the defendant, or a co-defendant, does not consume or foreclose the separate right of another person entitled to appeal. Each appellant remains subject to the general rules on appeals, including the pleading standard in Section 193, the fact-appeal bar in Section 193 bis, and the one-month time limit in Section 198, but those apply to each appellant on their own terms. The provision matters in multi-party prosecutions where several defendants, or both sides, may wish to challenge the same decision.
Why this matters in practice
In a case with several defendants or where both sides are unhappy, do not assume someone else's appeal covers you. Section 197 confirms your right to file your own appeal, but you must still meet the deadlines and pleading rules yourself, including the one-month time limit under Section 198, which runs against you regardless of any other appeal already filed. If a co-defendant appeals and you do not, you may be bound by the original judgment as to your part of the case. When multiple parties are involved, coordinate strategy early, ideally through a paid consultation with a Thai lawyer.
Frequently asked questions
If another defendant appeals, do I still need to file my own appeal?
Yes. Under Section 197, another party's appeal does not preserve your rights. You must file your own appeal within the time limit if you want to challenge the judgment.
Can both the prosecutor and the defendant appeal the same judgment?
Yes. Section 197 confirms that each party entitled to appeal keeps that right independently, so both sides may appeal the same judgment, each subject to the general appeal rules.