Section 255 — Ordering the Losing Party to Pay Fees
Statutory text (Thai original)
ในคดีดังบัญญัติในมาตรา ๒๕๓ วรรค ๒ และมาตรา ๒๕๔ ถ้ามีคำขอ ศาลมีอำนาจสั่งให้ฝ่ายที่แพ้คดีใช้ค่าธรรมเนียมแทนอีกฝ่ายหนึ่งได้
English translation
In cases as provided in section 253, paragraph two, and section 254, if there is a request, the court has power to order the losing party to pay the fees on behalf of the other party.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 255 supplies the loser-pays rule for the fee-bearing civil components identified in sections 253 paragraph two and 254. The power depends on a request and is discretionary. It only bites where fees are actually chargeable; where fees are barred, as in the core criminal case under section 252, there is nothing to shift, so no order to reimburse fees can be made. It works with section 258, which brings in the Civil Procedure Code rules on litigation costs.
Why this matters in practice
If you win the fee-bearing civil part of a criminal matter, you can ask the court to make the loser pay your fees, but you must actually request it, it is not automatic. Do not expect fee reimbursement in the pure criminal case, where fees are prohibited; the Supreme Court has refused to order a losing party to pay an attorney's fee in that situation.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 13630/2555 (2012)
Where a joint plaintiff paid no fee because fees are barred by section 252, it is not a case in which the court may order the losing party to pay fees under section 255, so the defendants cannot be ordered to pay the joint plaintiff's attorney's fee.
The Court affirmed the refusal to order the defendants to pay the joint plaintiff's attorney's fee, reasoning that section 252 barred fees and section 255 did not permit shifting fees to the losing party in these circumstances.
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 the losing side be ordered to pay the winner's fees in a criminal case?
Only in the fee-bearing civil parts under sections 253 paragraph two and 254, and only if a party requests it, may the court order the losing party to pay fees under section 255.
Can fees be shifted where the criminal case charges no fee?
No. The Supreme Court has held that where fees are barred under section 252, section 255 does not apply, so the defendants cannot be ordered to pay the joint plaintiff's attorney's fee.