THE RESTRICTION OF THE RIGHTS TO APPEAL IN CRIMINAL CASE: A CASE STUDY ON THE DETERMINATION TO HAVE THE DEFENDANT AT THE TIME OF APPEALS

Abstract

Section 198 paragraph 3 to 4 of the Thai Criminal Procedure Code, amended in B.E. 2559, provides that the accused must make an appearance before the court at the time of filing an appeal. Otherwise, courts shall issue an order rejecting the appeal. This results in the restriction of defendant rights to request a revision of judgment and the right to entrust an attorney to fight the case. Suggestions are offered to resolve this difficulty.