Analysis of Supreme Court Judgments No. 2231/2567 and No. 2209/2567

Abstract

          This article aims to study and analyze the principles of law according to the Criminal Code as appears in Supreme Court Judgments No. 2209/2567 and principles of law according to the Criminal Procedure Code as appears in Supreme Court Judgment No. 2231/2567.

          The borrower has given a car that is owned and in the possession of another person to the lender as collateral for a loan. Later, the borrower is unable to contact the lender, knowing that the lender has moved to another address without informing the borrower. Therefore, the borrower is unable to proceed with the car registration or make the loan payment for the car redemption. Will this scenario constitute a circumstance where the lender has the intention to misappropriate the car for himself or a third party by fraud, which is an offense of embezzlement under Section 352 of the Criminal Code? The Supreme Court has ruled in Supreme Court Judgment No. 2209/2567, which the author has cited in the note at the end of the judgment.

          Where a defendant is charged for the offense under which the law stipulates a minimum penalty of imprisonment of five years or more and the defendant confesses, a court must continue to hear to the plaintiff's evidence until it is satisfied that the defendant has actually committed the crime according to Criminal Procedure Code Section 185, Paragraph 1. In this case, when the High Court admits evidence from a copy of the judgment filed by the public prosecutor against the victim of the same incident, which the defendant has attached as a document attached to the appeal, will it be considered that the High Court has accepted evidence outside the case? And under what circumstances will the Court consider whether the defendant or the victim is the initial offender and with what effect on the right to claim legal defense? The Supreme Court has ruled in Supreme Court Judgment No. 2231/2567, which the author has cited in the note at the end of the judgment.