Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1213

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1113

Section185.If the court finds that the accused did not commit the offence, the acts of the accused do not constitute an offence, the case has already been barred by limitation, or there is a lawful reason for which the accused should not be punished, the court shall dismiss the charge of the prosecutor and acquit the accused. But the court may order the accused to be detained or provisionally released pending finality of the case.

When the court finds that the accused committed the offence and his punishment cannot be exempted according to the law, the court shall punish the accused as per his guilt. But when finding it appropriate, the court may provisionally release the accused pending finality of the case.

Section186.A judgment or order must at least contain the following important items:

(1)the name of the court and the day, month, and year;

(2)the names of who the prosecutor and accused in the case are;

(3)the subject;

(4)the allegations and the replies;

(5)the facts found from the trial;

(6)the reasons for the ruling on both the questions of fact and those of law;

(7)the provisions or sections invoked;