Framework for Increasing Sentences upon High Court Review : From the U.S. Perspective

Abstract

       The Criminal Procedure Code provides “In a case in which the defendant appeals against a judgment of conviction, the Appellate court shall not render a sentence to increase the punishment, unless the plaintiff’s appeal requests the same.” Section 212 of the Criminal Procedure Code is a provision that aims to protect defendants from having to face harsher punishment if the plaintiff does not appeal to increase the defendant’s sentence. However, the interpretation of this provision in the context of criminal proceedings in Thailand is dependent upon the decisions of the Supreme Court. In some cases where a plaintiff does not request the court to activate suspended sentences previously handed down nor request the court to count all the sentences consecutively in the appeal, the High Court is yet able to do so. Such a decision would not be deemed to be an increase in the defendant’s punishment.