Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1215

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1115

Section191.When doubt arises as to the execution of a judgment or order, if any interested person submits a motion to the court which gave the judgment or order, that court shall provide a clear explanation.

Section192.No judgment or order shall be given in excess of what is applied for or in respect of what is unstated in the charge.

If the court finds that the facts shown from the trial differ from the facts stated in the charge, the court shall dismiss the charge instituting the case.

If the court finds that some of the facts stated in the charge and of those shown from the trial are not what the prosecutor desires the punishment for, the court shall not punish the accused on account of those facts.

If the court finds that the prosecutor has successfully proved the facts according to the charge but he cites incorrect offences or legal provisions, the court has the power punish the accused according to the correct offences.

If the offence charged consists of various acts each of which may constitute the offence by itself, the court may punish the accused on account of any of the acts discovered through the trial.