Volume 117, Number 44A
Royal Gazette
18 May 2543
(2)for the Court of Appeal or a Regional Court of Appeal, the President of the Court of Appeal, President of the Regional Court of Appeal, Vice President of the Court of Appeal, or Vice President of the Regional Court of Appeal, as the case may be;
(3)for a court of first instance, the chief judge of the court of first instance, regional chief judge, deputy chief judge of the court of first instance, or presiding judge of the court, as the case may be.
The persons acting in the positions under section 8, section 9, and section 13 shall have the power according to (1), (2), and (3) also.
Section30.Other unavoidable necessity according to section 28 and section 29 denotes the event in which any of the judges that constitute the panel trying the case vacates the position he is holding, or is recused and withdraws himself, or is unable to perform the public service to the point of being unable to further participate in the sitting for trying and adjudicating upon such case.
Section31.Apart from that which is designated in section 30, other unavoidable necessity according to section 28 and section 29 shall also include the following events:
(1)the event in which a single judge preliminarily examines a criminal case and finds that a judgment should be issued to dismiss the charge, but the rate of punishment designated by the law for that case exceeds the rate of punishment under section 25(5);
(2)the event in which a single judge tries a criminal case under section 25(5) and finds that a judgment should be issued to impose imprisonment in excess of six months, or a fine in excess of ten thousand baht, or both imprisonment and a fine of which either or both exceed the said rate;
(3)the event in which a judgment or order for any civil case of a court needs to be adopted by a panel of several judges and the judges constituting such panel are of conflicting opinions to the point that no majority can be found;
(4)the event in which a single judge tries a civil case under section 25(4) and later finds that the value of the property in dispute or the amount of money claimed is beyond the trial and adjudication power of a single judge.
Section32.The President of the Supreme Court of Justice, the President of the Court of Appeal, the Presidents of the Regional Courts of Appeal, the chief judges of the courts of first instance, the presiding judges of courts, or the presiding judges of the divisions of each court, as the case may be, shall be responsible for the assignment of case files to the judicial panels in their courts or divisions, for which they shall observe the criteria and procedure designated by the rules for the judicial service of the courts of justice.
