Section 212 — No Harsher Sentence on Defendant's Appeal
Statutory text (Thai original)
คดีที่จำเลยอุทธรณ์คำพิพากษาที่ให้ลงโทษ ห้ามมิให้ศาลอุทธรณ์พิพากษาเพิ่มเติมโทษจำเลย เว้นแต่โจทก์จะได้อุทธรณ์ในทำนองนั้น
English translation
In a case where the defendant appeals against a judgment imposing punishment, the Court of Appeal is prohibited from increasing the defendant's punishment, unless the prosecutor has appealed to that effect.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 212 codifies the prohibition on reformatio in peius: a defendant who appeals a conviction cannot be worse off for having exercised the right to appeal, unless the prosecutor has also appealed seeking a heavier penalty. This protects the appeal right by removing the risk that challenging a sentence could backfire into a harsher one. The bar is strict: even where an appellate or supreme court sees that the sentence below was legally too low or omitted a mandatory penalty, it cannot correct it upward if the prosecution did not appeal, because doing so would increase the defendant's punishment. By Section 225 the same limit binds the Supreme Court on dika.
Why this matters in practice
This is one of the strongest protections for a convicted defendant deciding whether to appeal: if the prosecutor has not appealed, appealing your own sentence cannot lead to a heavier one, so there is no downside risk of a worse penalty on your appeal. The reverse is equally important: if the prosecutor has appealed for a heavier sentence, that safety net is gone and the Court of Appeal can increase the punishment, so the prosecution's appeal changes your risk profile entirely. Before appealing, always check whether the prosecutor has cross-appealed. A consultation with a Thai lawyer can help you weigh the risks of appealing a sentence.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2966/2568 (2025)
Where the lower courts failed to impose a fine that the law allowed, the higher court still cannot add the fine if the prosecutor did not appeal, because doing so would increase the defendant's punishment, which is prohibited under Section 212 read with Section 225.
The lower courts had not imposed a fine that could lawfully accompany the sentence. Because the prosecutor did not file a dika, the Supreme Court held it could not add the fine, since that would increase the defendant's punishment contrary to Section 212 with Section 225.
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Supreme Court Judgment No. 6009/2567 (2024)
Even though the Court of Appeal imposed a term below the statutory minimum, the higher court cannot correct the penalty upward where the prosecutor did not appeal, because that would increase the defendant's punishment contrary to Section 212 read with Section 225.
The Court of Appeal had sentenced the defendant to a term lower than the law allowed. Because the prosecutor filed no dika, the Supreme Court held it could not correct the penalty upward, as this would increase the defendant's punishment under Section 212 with Section 225, and left the lenient term standing.
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Supreme Court Judgment No. 33/2568 (2025)
Where the Court of Appeal wrongly removed a fine, the Supreme Court still cannot restore it if the prosecutor did not appeal, since reinstating the fine would increase the defendant's punishment contrary to Section 212 read with Section 225.
The Court of Appeal had improperly amended the judgment not to fine the defendant for a narcotics distribution offense. Because the prosecutor did not file a dika, the Supreme Court held it could not reimpose the fine, as that would increase the defendant's punishment under Section 212 with Section 225, and affirmed.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
If I appeal my sentence, can it be increased?
Not if you are the only one appealing. Under Section 212 the Court of Appeal cannot increase the defendant's punishment unless the prosecutor has also appealed asking for a heavier sentence.
What if the trial court sentence was too low by law?
Even so, the Supreme Court holds that if the prosecutor did not appeal, the sentence cannot be corrected upward, because that would increase the defendant's punishment contrary to Section 212.