Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1147

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1047

However, such an order shall not be given unless prior consent of the other courts has been obtained.

Section34.An order of non-prosecution does not preclude the right of the injured person to institute a case himself.

Section35.An motion for withdrawal of the criminal charge may be submitted at any time before the court of first instance gives the judgment. The court may order permitting or prohibiting the withdrawal, as the court may find appropriate. If the motion is submitted after the accused has replied to the case, the accused shall be asked if he would object, and the court shall docket the statement of the accused. In the event that the accused objects to the withdrawal of the charge, the court shall dismiss the motion for withdrawal of the charge.

In a case of a personal offence, the charge may be withdrawn or compounding may be adopted at any time before the case reaches its finality. But if the accused objects, the court shall dismiss the motion for withdrawal of the charge.

Section36.A criminal case the charge instituting which has already been withdrawn from the court cannot be reinstituted, save where it falls under the following exceptions:

(1)if a public prosecutor submits a charge instituting a criminal case which does not concern a personal offence and then withdraws the charge, this withdrawal does not preclude the right of the injured person to reinstitute the case;