Section 202 — Withdrawal of Appeal
Statutory text (Thai original)
ผู้อุทธรณ์มีอำนาจยื่นคำร้องขอถอนอุทธรณ์ต่อศาลชั้นต้นก่อนส่งสำนวนไปศาลอุทธรณ์ ในกรณีเช่นนี้ศาลชั้นต้นสั่งอนุญาตได้ เมื่อส่งสำนวนไปแล้ว ให้ยื่นต่อศาลอุทธรณ์หรือต่อศาลชั้นต้นเพื่อส่งไปยังศาลอุทธรณ์เพื่อสั่ง ทั้งนี้ ต้องก่อนอ่านคำพิพากษาศาลอุทธรณ์เมื่อถอนไปแล้ว ถ้าคู่ความอีกฝ่ายหนึ่งมิได้อุทธรณ์ คำพิพากษาหรือคำสั่งของศาลชั้นต้นย่อมเด็ดขาดเฉพาะผู้ถอน ถ้าอีกฝ่ายหนึ่งอุทธรณ์ จะเด็ดขาดต่อเมื่อคดีถึงที่สุดโดยไม่มีการแก้คำพิพากษาหรือคำสั่งศาลชั้นต้น
English translation
The appellant has the power to file a request to withdraw the appeal with the court of first instance before the case file is forwarded to the Court of Appeal; in such case the court of first instance may grant permission. Once the file has been forwarded, the request shall be filed with the Court of Appeal, or with the court of first instance for transmission to the Court of Appeal for its order; provided that this must be done before the judgment of the Court of Appeal is read. Once the appeal has been withdrawn, if the other party has not appealed, the judgment or order of the court of first instance becomes final as against the withdrawing party only. If the other party has appealed, it becomes final only when the case reaches finality without any amendment to the judgment or order of the court of first instance.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 202 governs how and when a party may abandon an appeal it has already lodged. Timing controls the route: before the file leaves the trial court, the trial court itself may allow withdrawal; after the file has gone up, the request must reach the Court of Appeal, and in every case it must be made before that court's judgment is read. The provision also fixes the consequence of withdrawal: the trial court decision becomes final only against the withdrawing party, and if the opposing party is also appealing, finality waits until the case is fully concluded without amendment. By virtue of Section 225, the same withdrawal mechanism applies at the Supreme Court (dika) stage. The Supreme Court has stressed that only a party to the case may withdraw its appeal, and that a filing which still contests points of the judgment is not a withdrawal at all.
Why this matters in practice
Withdrawing an appeal is a decision with lasting effect: once the trial court judgment becomes final against you, the sentence or order stands and cannot be revisited on appeal. Watch the deadline, because the right to withdraw ends the moment the Court of Appeal judgment is read. Only the actual party, or someone with proper authority to act for that party, can withdraw; a stranger to the case cannot. If you are weighing whether to drop an appeal, take advice first, since a strategic withdrawal in exchange for a settlement or a lower sentence must be timed and worded correctly. A paid consultation with a Thai lawyer can help you decide.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7212/2555 (2012)
A request to withdraw an appeal may be made only by or for the party who lodged it; where a non-party filed to withdraw the plaintiff organization's appeal, there was nothing for the Court of Appeal to exercise discretion over under Section 202, and its order allowing withdrawal was unlawful.
A person newly elected to head a local administrative organization tried to withdraw an appeal on behalf of that organization, which was not itself the party. The Supreme Court held the filing had no effect as a withdrawal and set aside the Court of Appeal order that had allowed it, directing the appeal to be decided on its merits.
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Supreme Court Judgment No. 9481/2553 (2010)
A defendant's request to plead guilty at the Supreme Court stage, while still contesting sentencing points such as reduction and suspension, cannot be treated as a request to withdraw the dika under Section 202 read with Section 225, because the defendant has not abandoned the appeal.
The defendant sought to plead guilty at the dika stage but still pressed points on penalty reduction and suspension. The Supreme Court held this was neither a valid amendment of the plea nor a withdrawal of the dika under Section 202 via Section 225, and went on to decide the dika, treating the filing as an admission of the facts.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Until when can an appeal be withdrawn?
Under Section 202, an appeal may be withdrawn at any time before the Court of Appeal reads its judgment. Before the file is forwarded the trial court can allow it; after that the request goes to the Court of Appeal.
What happens after an appeal is withdrawn?
The trial court judgment becomes final against the party who withdrew. If the opposing party has also appealed, finality waits until the whole case concludes without any amendment.
Can someone who is not a party withdraw the appeal?
No. The Supreme Court holds that only the party to the case, or a person with proper authority to act for that party, may withdraw the appeal under Section 202.