Section 215 — Appeal Court Applies First-Instance Rules
Statutory text (Thai original)
นอกจากที่บัญญัติมาแล้ว ให้นำบทบัญญัติว่าด้วยการพิจารณาและว่าด้วยคำพิพากษาและคำสั่งศาลชั้นต้นมาบังคับในชั้นศาลอุทธรณ์ด้วยโดยอนุโลม
English translation
Besides what has already been provided, the provisions concerning the trial and concerning the judgments and orders of the Court of First Instance shall also apply mutatis mutandis at the appeal court level.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This is a gap-filling provision closing the appeal chapter on trial, judgment, and orders. Rather than restating procedure, it imports the Court of First Instance rules, so provisions such as Section 185 (contents of judgment), Section 186 (matters a judgment must decide, including forfeiture of exhibits), Section 192 (judgment must not exceed the charge), and Section 195 (grounds of appeal, including public-order points) operate at the appeal level through this section. Section 225 in turn extends the same borrowed rules to the Supreme Court (Dika) stage, so the three tiers share one procedural core.
Why this matters in practice
For a litigant, this means the safeguards and requirements you rely on at trial, such as the rule that a court may correct a public-order error on its own or must decide forfeiture of exhibits, carry over into the Court of Appeal. It also explains why appeal judgments cite first-instance sections in combination with Section 215. If you are weighing whether to appeal, it is worth taking early advice on what to expect: see what to know before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7946/2568 (2025)
Once a case reaches the Supreme Court, the Court may review whether the penalty imposed by the Court of Appeal is appropriate, applying Section 185 paragraph two together with Section 215 and Section 225.
The defendant was found guilty of multiple counts, including unlawful use of another person's electronic card to pay for goods. The Supreme Court affirmed the Court of Appeal but confirmed it retained power, through Section 185 paragraph two read with Sections 215 and 225, to review the appropriateness of the sentence.
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Supreme Court Judgment No. 7491/2568 (2025)
Even when the Court of Appeal acquits, it must still rule on forfeiture of the exhibits requested by the prosecution under Section 186(9) via Section 215; failing to do so is improper and the Supreme Court will correct it.
The Court of Appeal had acquitted but failed to decide on forfeiture of a firearm exhibit. The Supreme Court held that the duty to rule on exhibits under Section 186(9) applies at the appeal stage through Section 215, and ordered the firearm forfeited under Penal Code Section 32.
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Supreme Court Judgment No. 1546/2568 (2025)
A point of law concerning public order, such as the absence of prosecution evidence to convict, may be raised by the Court of Appeal on its own even if the defendant did not appeal it, under Section 185 paragraph one and Section 195 paragraph two via Section 215.
The prosecution had withdrawn its witnesses, leaving no evidence to convict on armed robbery. The Supreme Court confirmed the Court of Appeal could raise this public-order defect on its own through Section 215, even though the defendant had not appealed the point.
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 does Section 215 actually do?
It borrows the Court of First Instance rules on trial, judgments, and orders and applies them, with necessary adjustments, at the Court of Appeal. This avoids repeating the same procedure for the appeal stage.
Can the Court of Appeal raise a legal error the parties did not appeal?
Yes. Through Section 215 the Court of Appeal inherits the first-instance power to raise public-order points of law on its own, as reflected in Supreme Court decisions applying Section 195 together with Section 215.