Section 25 — Joint trial or return of connected case
Statutory text (Thai original)
ศาลซึ่งรับฟ้องคดีเกี่ยวพันกันไว้จะพิจารณาพิพากษารวมกันไปก็ได้ถ้าศาลซึ่งรับฟ้องคดีเกี่ยวพันกันไว้ เห็นว่าเป็นการสมควรที่ความผิดฐานหนึ่ง ควรได้ชำระในศาลซึ่งตามปกติมีอำนาจจะชำระถ้าหากว่าคดีนั้นไม่เกี่ยวกับคดีเกี่ยวพันกัน เมื่อศาลเดิมได้ตกลงกับอีกศาลหนึ่งแล้ว จะสั่งให้ไปฟ้องยังศาลอื่นนั้นก็ได้
English translation
A court which has accepted connected cases for trial may try and adjudicate them jointly. If the court which has accepted the connected cases for trial is of the opinion that it is appropriate for one of the offenses to be tried at the court which would ordinarily have jurisdiction to try it had that case not been connected with the connected cases, then, once the original court has reached agreement with the other court, it may order that the offense be prosecuted at that other court.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 25 follows Section 24 by addressing what a court does once it holds connected cases. It confirms the court's power to consolidate, trying and deciding the connected cases together, which promotes efficiency and consistency. It also gives the court a release valve: if one offense would be better handled by the court that would ordinarily have had jurisdiction absent the connection, the court may, after coordinating and reaching agreement with that other court, order that offense to be prosecuted there. Consolidation under this section is a matter of the court's own power, and its interaction with the Penal Code rules on combining punishments, such as Section 91, can affect the overall sentence where cases are or are not tried together.
Why this matters in practice
Whether connected cases are consolidated can affect the practical outcome, including how the total punishment is calculated under the Penal Code, so the decision is not merely administrative. Consolidation is the court's own power, meaning parties can request it but cannot demand it, and a court may equally decide to send one offense back to its ordinary court. If you are weighing whether to ask for a joint trial or to keep matters separate, a licensed Thai lawyer can advise on how consolidation might change sentencing exposure and case strategy.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4562/2555 (2012)
An order consolidating one case with other cases for joint trial and judgment is an exercise of the court's own power under Section 25, and is a matter separate from the parties' standing in each case.
The Court held that the trial court's order to try this case jointly with two others was an exercise of its power under Section 25, a matter separate from whether a party was a joint plaintiff in a given file. On that basis it upheld the refusal to consider an appeal by a party who was not a joint plaintiff in the relevant file.
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Supreme Court Judgment No. 3276/2547 (2004)
The combined-punishment limit under Penal Code Section 91(2) applies where charges were filed as one case, or where connected cases were consolidated for joint trial and judgment by court order under Section 25.
The Court explained that Penal Code Section 91(2) governs where offenses were charged in one case, or where connected cases were consolidated for joint trial and judgment by court order under Section 25. On the facts, the defendant's separate cases with consecutive sentences were not so consolidated, so that limit did not apply in the way claimed.
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Supreme Court Judgment No. 1244/2545 (2002)
Even where a plaintiff files connected offenses separately, the court may try and adjudicate them jointly under Sections 24 and 25, which bears on how punishment is combined under the Penal Code.
The defendant argued that his offenses in this case and another were committed continuously without a break, so that, even though the prosecutor filed separately, the court could try them jointly under Sections 24 and 25 and combine punishment under Penal Code Section 91(3). The Court examined the request to amend the imprisonment warrant on that basis.
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 connected criminal cases be tried together in Thailand?
Yes. Under Section 25, a court that has accepted connected cases may try and decide them jointly. Consolidation is the court's own power, so parties may request it but cannot compel it.
Can the court send one connected offense back to another court?
Yes. If the court thinks one offense is better tried at the court that would ordinarily have jurisdiction, Section 25 lets it order that offense prosecuted there, once it has reached agreement with that other court.