Section 216 — Right and Deadline to File Dika Appeal
Statutory text (Thai original)
ภายใต้บังคับแห่งมาตรา ๒๑๗ ถึง ๒๒๑
คู่ความมีอำนาจฎีกาคัดค้านคำพิพากษา หรือคำสั่งศาลอุทธรณ์ภายในหนึ่งเดือน
นับแต่วันอ่าน หรือถือว่าได้อ่านคำพิพากษาหรือคำสั่งนั้นให้คู่ความฝ่ายที่ฎีกาฟัง
ฎีกานั้น ให้ยื่นต่อศาลชั้นต้น
และให้นำบทบัญญัติในมาตรา ๑๙๘ มาตรา ๒๐๐ และมาตรา ๒๐๑ มาใช้บังคับโดยอนุโลม
English translation
Subject to Sections 217 to 221, a party has the power to file a Dika appeal contesting the judgment or order of the Court of Appeal within one month from the date the judgment or order is read, or is deemed to have been read, to the party filing the Dika. The Dika shall be filed with the Court of First Instance. The provisions of Section 198, Section 200, and Section 201 shall apply mutatis mutandis.
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 the general gateway to Supreme Court review in criminal cases. It sets the core mechanics: a one-month deadline running from the reading of the Court of Appeal judgment, filing at the Court of First Instance rather than the higher court, and the express subordination of the right to the prohibitions and conditions in Sections 217 to 221. By importing Sections 198, 200, and 201 (the appeal-stage rules on filing, service, and answers), it mirrors the structure used for ordinary appeals. A Dika must genuinely contest the Court of Appeal judgment; one that merely re-argues the trial without attacking the appeal ruling is improper under paragraph one.
Why this matters in practice
The one-month deadline is strict and runs from the reading date, so calendar it immediately after the Court of Appeal judgment is read. Two common traps end a Dika before the merits: filing at the wrong court instead of the Court of First Instance, and drafting a Dika that reargues the case without directly attacking the Court of Appeal's reasoning. If a party lets this window lapse, the case becomes final and later attempts to reopen it will fail. Given the tight timeline, engage counsel early: see how to choose a lawyer in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7212/2567 (2024)
A Dika that merely repeats the appeal arguments and does not actually contest the Court of Appeal judgment is not proper under Section 216 paragraph one, and the Supreme Court will decline to consider it.
The plaintiff's Dika repeated the same points made on appeal and asked to accept the charge of using a forged document, without genuinely contesting the Court of Appeal judgment. The Supreme Court dismissed the Dika as non-compliant with Section 216 paragraph one.
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Supreme Court Judgment No. 322/2567 (2024)
If a party believes the Court of Appeal ordered consecutive sentences unlawfully, the remedy is a Dika under Section 216; a party who does not use that right and lets the case become final cannot later reopen the sentencing by petition.
The defendant challenged the consecutive sentencing only after the case had become final, by a later petition rather than a Dika. The Supreme Court held that the proper channel was a Dika under Section 216, and the right could not be revived once the case was final.
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Supreme Court Judgment No. 5682/2567 (2024)
In an ordinary criminal case where leave from the Supreme Court is not required, a Dika is governed by Sections 216 and 221; to raise fact questions the defendant must file the request for a judge's leave together with the Dika at the Court of First Instance.
The defendant sought leave to appeal on fact questions by applying to the Supreme Court directly instead of asking a judge of the lower courts. The Supreme Court explained that in an ordinary criminal case the procedure under Sections 216 and 221 requires the leave request to be filed with the Court of First Instance together with the Dika.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How long do I have to file a Dika appeal?
One month from the date the Court of Appeal judgment or order is read, or deemed read, to the party filing the Dika, under Section 216. Extensions must be sought from the court before the deadline expires.
Where is a Dika appeal filed?
At the Court of First Instance, not the Supreme Court. That court screens the Dika and forwards it upward under Section 223.
Does any Dika appeal have to attack the Court of Appeal judgment?
Yes. A Dika that merely re-argues the trial without contesting the Court of Appeal's ruling does not comply with Section 216 paragraph one and will not be accepted.