Criminal Procedure Code

Section 224: Appeal Against Refusal to Accept Dika

Statutory text (Thai original)

เมื่อศาลชั้นต้นไม่ยอมรับฎีกา
ผู้ฎีกาอาจฎีกาเป็นคำร้องอุทธรณ์คำสั่งของศาลนั้นต่อศาลฎีกาได้
คำร้องเช่นนี้ให้ยื่นที่ศาลชั้นต้นภายในกำหนดสิบห้าวันนับแต่วันฟังคำสั่ง
แล้วให้ศาลนั้นรีบส่งคำร้องเช่นว่านั้นไปยังศาลฎีกาพร้อมด้วยฎีกาและคำพิพากษาหรือคำสั่งของศาลชั้นต้นและศาลอุทธรณ์
เมื่อศาลฎีกาเห็นสมควรตรวจสำนวนเพื่อสั่งคำร้องเรื่องนั้น
ก็ให้สั่งศาลชั้นต้นส่งมาให้

English translation

When the Court of First Instance refuses to accept a Dika, the person filing the Dika may file a Dika in the form of a petition appealing the order of that court to the Supreme Court. Such a petition shall be filed at the Court of First Instance within fifteen days from the day the order is read. That court shall then promptly forward the petition to the Supreme Court together with the Dika and the judgment or order of the Court of First Instance and the Court of Appeal. When the Supreme Court sees fit to examine the case file in order to rule on the petition, it shall order the Court of First Instance to forward it.

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 a remedy against a Section 223 refusal. Rather than the refusal being final, the would-be appellant can escalate by a petition appealing the order, which is filed at the Court of First Instance and forwarded to the Supreme Court along with the Dika and the lower court judgments. The fifteen-day period runs from the reading of the refusal order, so proper notice of the refusal matters: if the trial court fails to notify the party of a refusal, the procedure is defective. The Supreme Court may call for the full file when needed to decide the petition. This mechanism ensures that gatekeeping under Section 223 does not become an unreviewable barrier.

Why this matters in practice

The fifteen-day deadline is short and separate from the one-month Dika deadline, so if your Dika is refused, act at once. Two points recur in the case law: the clock runs from the reading of the refusal order, and if the court never properly notified you of the refusal, the process is defective and can be challenged. File the petition at the Court of First Instance, not the Supreme Court, and make sure the record it forwards includes the Dika and both lower judgments. Missing this window usually means the case becomes final, so calendar it immediately.

Supreme Court decisions interpreting this section

  1. Supreme Court Judgment No. 3399/2568 (2025)

    A defendant may appeal the trial court's refusal to accept a fact-question Dika by petition to the Supreme Court under Section 224; where the court failed to notify the defendant of the refusal, the procedure is defective.

    After the trial court refused the defendant's fact-question Dika, the Supreme Court noted the defendant could have appealed that refusal by petition under Section 224, and that the court's failure to notify the defendant of the refusal made the procedure defective.

  2. Supreme Court Judgment No. 7207/2567 (2024)

    Where the trial court accepts a Dika on one charge but refuses it on others, the defendant may appeal the refusal by petition to the Supreme Court under Section 224; failure to notify the defendant of the refusal is a defective procedure.

    The trial court accepted the Dika only on one sexual offense charge and refused the rest. The Supreme Court noted the defendant could have appealed the refusal by petition under Section 224, and that the trial court's failure to notify him of the refusal made the procedure defective.

  3. Supreme Court Judgment No. 4337/2565 (2022)

    If defendants disagree with the trial court's refusal to accept their Dika, the proper remedy is a petition appealing the order to the Supreme Court within fifteen days under Section 224, not an informal petition asking the Supreme Court to accept the Dika.

    The defendants asked the Supreme Court to accept their Dika by an informal petition citing a settlement with the plaintiff. The Supreme Court held the proper course was a petition appealing the refusal order within fifteen days under Section 224, and dismissed the informal petition.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.

Cited in 111 Supreme Court decisions (1960 to 2025)

Selected citing decisions

  • Decision 3399/2568 (2025)
  • Decision 7207/2567 (2024)
  • Decision 5984/2564 (2021)
  • Decision 5155/2563 (2020)
  • Decision 9888/2558 (2015)
  • Decision 11337/2556 (2013)
  • Decision 5559/2556 (2013)
  • Decision 11903/2554 (2011)

This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.

Most often cited alongside

Sections that appear in the same judgments as this one most often. The figure is the number of decisions.

Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured

Frequently asked questions

What can I do if the trial court refuses my Dika?

Under Section 224, you may file a petition appealing the refusal order to the Supreme Court, submitted at the Court of First Instance within fifteen days of the order being read.

What happens if the court did not notify me of the refusal?

If the Court of First Instance fails to notify the party of its refusal to accept the Dika, the procedure is defective, as the Supreme Court has held in cases applying Section 224.

Cite this section

  • Plain citation Criminal Procedure Code, s. 224 (Thailand)
  • Academic citation Criminal Procedure Code (Thailand), s. 224. ThaiLawOnline, https://www.thailawonline.com/thai-criminal-procedure-code/section-224/ (accessed 11 August 2026).
  • Thai citation ป.วิ.อ. มาตรา 224
  • Permalink https://www.thailawonline.com/thai-criminal-procedure-code/section-224/
  • Embed on your site <blockquote cite="https://www.thailawonline.com/thai-criminal-procedure-code/section-224/"><p>When the Court of First Instance refuses to accept a Dika, the person filing the Dika may file a Dika in the form of a petition appealing the order of that court to the Supreme Court. Such a petition shall be filed at the Court…</p><footer>Criminal Procedure Code, s. 224 (Thailand) — <a href="https://www.thailawonline.com/thai-criminal-procedure-code/section-224/">ThaiLawOnline</a></footer></blockquote>

The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.

This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

Scroll to Top
WhatsApp LINE Call Book