Section 220 — Dika Bar on Double Acquittals
Statutory text (Thai original)
ห้ามมิให้คู่ความฎีกาในคดีที่ศาลชั้นต้นและศาลอุทธรณ์พิพากษายกฟ้องโจทก์
English translation
The parties are prohibited from filing a Dika in a case in which the Court of First Instance and the Court of Appeal have both dismissed the plaintiff's charge.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision gives strong finality to a consistent acquittal. Where two courts have agreed to dismiss the charge, the code closes the Supreme Court door entirely, and the bar covers both fact and law questions, making it broader than Sections 218 and 219, which bar only fact questions. Like the other bars in this chapter, it can be lifted only through the certification route in Section 221. A frequent point of application is that an effective dismissal, such as an appeal ruling that reaches the same acquittal result on part of a charge, counts as a double dismissal even if the wording differs. The Supreme Court may still, on its own, correct a public-order legal misclassification without increasing the penalty.
Why this matters in practice
If you are a private prosecutor or an injured person who lost twice on the same charge, understand that Section 220 blocks a Dika on any ground, not just the facts, so the practical route to the Supreme Court is a Section 221 certification, which is rarely granted. Watch for effective dismissals: an appeal ruling that reaches the same acquittal result triggers the bar even without the word dismiss. Because a double acquittal is usually the end of the road, weigh carefully before committing further costs; our page on what to know before you go to court in Thailand sets expectations.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3817/2568 (2025)
Even where Section 220 bars the plaintiff's Dika against a defendant, the correct legal characterization of the offense is a public-order question the Supreme Court may raise on its own to apply the right provision, provided it does not increase the penalty.
In a trespass case, the plaintiff's Dika against one defendant was barred under Section 220. The Supreme Court nonetheless corrected the legal characterization of the offense as a public-order matter under Section 195 paragraph two and Section 212 via Section 225, without increasing the penalty.
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Supreme Court Judgment No. 7256/2567 (2024)
Where both the Court of First Instance and the Court of Appeal reach a result equivalent to dismissing part of the charge, a Dika on that part is barred under Section 220 on both fact and law, unless permitted under Section 221.
The trial court dismissed charge 2.2 and the Court of Appeal held the evidence still insufficient, which was equivalent to dismissal. The plaintiff's Dika on that charge, filed without any certification under Section 221, was barred under Section 220 and the Supreme Court declined to consider it.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can I appeal to the Supreme Court after losing in both lower courts?
Not by an ordinary Dika. Under Section 220, when both the trial court and the Court of Appeal dismiss the charge, no party may file a Dika on any ground, whether fact or law.
Does the Section 220 bar cover questions of law too?
Yes. Unlike the fact-only bars in Sections 218 and 219, the double-dismissal bar in Section 220 covers both fact and law questions, subject only to certification under Section 221.