In 2026, our law firm in Thailand, Herrera and Partners (H&P), played a prominent role as legal counsel in numerous disputes involving foreign individuals and companies in Thailand. Based on the experience of our Bangkok-based lawyers specializing in dispute resolution, there are many misconceptions regarding the appeals system within Thai procedural law. Therefore, our litigation attorneys in Thailand have prepared some initial comments on this topic of appeals.
If either party to a case is dissatisfied with the judgment, that party may exercise the right to appeal by filing an appeal with the court of first instance within the period prescribed by law. The appeal must be filed in accordance with the rules and restrictions prescribed by law:
Persons Entitled to File an Appeal
In both civil and criminal cases, only the parties to the case have the right to file an appeal. A person who is not a party to the case generally has no right to appeal.
Appealing in Civil Cases
An appeal in a civil case must generally be filed within one month from the date on which the judgment is read, pursuant to Section 229 of the Civil Procedure Code.
A party may appeal the judgment to the court. However, the law imposes certain restrictions on the right to appeal. Under Section 224 of the Civil Procedure Code, an appeal on questions of fact is generally prohibited in cases where the value of the property or the amount in dispute at the appeal stage does not exceed THB 50,000. An appeal is also generally prohibited in eviction cases where the rent or the amount that could reasonably be obtained as rent for the property at the time the complaint was filed does not exceed THB 4,000 per month.
These restrictions do not apply, among others, to cases concerning personal status or family rights, and cases seeking relief that cannot be calculated in monetary terms, such as divorce cases.
In addition, under Section 225 of the Civil Procedure Code, any question of fact or law relied upon in an appeal must be expressly stated in the appeal and must have been properly raised and argued before the court of first instance. Such question must also be a material issue in the case that warrants consideration by the Appeal Court.
Accordingly, before determining whether an appeal may be filed, it is necessary to consider whether the case is a case involving a monetary claim and, if so, the amount in dispute. This is because the calculation of the amount in dispute at the appeal stage may differ from the amount in dispute at the court of first instance.
Appealing in Criminal Cases
In a criminal case, an appeal must generally be filed within one month from the date on which the judgment is read, pursuant to Section 198 of the Criminal Procedure Code.
In cases where the maximum penalty prescribed by law is imprisonment for not more than three years, a fine of not more than THB 60,000, or both imprisonment and a fine, an appeal on questions of fact is generally prohibited for both the plaintiff and the defendant. However, the defendant may appeal on questions of fact in the following circumstances:
(1) The defendant has been sentenced to imprisonment or detention in lieu of imprisonment;
(2) The defendant has been sentenced to imprisonment but the execution of the sentence has been suspended;
(3) The court has found the defendant guilty but has deferred the determination of the sentence; or
(4) The defendant has been sentenced to a fine exceeding THB 1,000.
Where an appeal is limited to a question of law, the Court of Appeal must accept the facts as determined by the court of first instance based on the evidence contained in the case file.
Appealing the Interlocutory Orders
An interlocutory order refers to an order issued by the court during the proceedings that does not dispose of the case, such as an order granting or refusing an application to amend a complaint, an application for an adjournment, or an application to submit a witness list.
In civil cases, the Civil Procedure Code generally provides that an interlocutory order cannot be appealed while the case remains pending before the court of first instance. The party must generally wait until the proceedings before the court of first instance have been completed before appealing such order.
In criminal cases, an interlocutory order that does not dispose of the case cannot generally be appealed until the court has rendered a judgment or issued an order on the substantive issue and an appeal has also been filed against such judgment or order, pursuant to Section 196 of the Criminal Procedure Code.
Application for Permission to Appeal in Civil Cases
In a civil case in which an appeal is prohibited under Section 224 of the Civil Procedure Code, the appellant may request the judge who heard and adjudicated the case at the court of first instance to certify that there are reasonable grounds for allowing the appeal.
The appellant must submit an application for such certification together with the appeal to the court of first instance. Upon receiving the application, the court will forward the application together with the case file to the judge concerned for consideration of whether to grant the certification.
Application for Permission to Appeal in Criminal Cases
In a criminal case in which an appeal is prohibited under Section 193 bis of the Criminal Procedure Code, an appeal may nevertheless be accepted if any judge who heard the case, signed the judgment, or issued a dissenting opinion at the court of first instance considers that the issue decided is an important question that should be considered by the Court of Appeal and grants permission to appeal.
Alternatively, the Director-General of the Public Prosecution Department, or a public prosecutor authorized by the Director-General, may sign and certify in the appeal that there are reasonable grounds for the Court of Appeal to consider the matter. In such circumstances, the appeal will be accepted for consideration.
As discussed above, it is apparent that the rules governing appeals in Thailand can be relatively complex, as there are various statutory restrictions on the right to appeal, particularly with respect to appeals on questions of fact. Where an appeal is prohibited by law, the party wishing to appeal must generally submit an application for permission to appeal together with the appeal.
Therefore, it is important to carefully identify the issues to be raised on appeal and formulate the legal arguments and case strategy appropriately, particularly where the case is subject to restrictions on the right to appeal. In such circumstances, it is advisable to seek the assistance of an experienced lawyer to properly assess the grounds of appeal and formulate an appropriate legal strategy.
If you need a legal consultation with our litigation lawyers in Thailand at Herrera and Partners please send us an email at info@herrera-partners.com
