Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1165

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1065

(6)when the prosecutor has withdrawn the charge or compounded a personal offence, or when the court, having conducted a trial, adjudges or orders that the charge be dismissed, save where the court finds it appropriate to detain the accused in the course of an appeal or final appeal;

(7)when the court has sentenced the accused to another punishment than death, imprisonment, or confinement to a definite area, and such other punishment is a fine, and the accused has paid the fine or is provisionally released by the court for a fixed number of days in order to allow him to find money to pay the fine to the court.

Section73.When any case is pending appeal or final appeal, if the accused has been under custody or detention for a period equal to or over the term of imprisonment or alternative imprisonment according to the judgment, the court shall issue a warrant of release for him, save where it finds otherwise in the event that the appeal or final appeal submitted by the prosecutor is for increasing his punishment.

Section74.Subject to sections 73 and 185, paragraph 2, when any person is sentenced to imprisonment or death or has to suffer imprisonment alternative to a fine, the court shall issue a warrant of imprisonment against him.