Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1204

 if the case is instituted by a citizen, a preliminary examination shall be conducted, but if a public prosecutor has already charged the accused with the same offence, it shall be proceeded with in accordance with subsection (2);

if the case is instituted by a public prosecutor, no preliminary examination is required, but if it founded appropriate, a preliminary examination may be ordered to be conducted first.

In the event that a preliminary examination has been conducted as said, if the accused replies guilty, the court shall accept the charge for trial.

When there is an appropriate reason, the prosecutor has the power to move to the court for making a revision or addition to the charge before the court of first instance gives the judgment. If finding it appropriate, the court may give permission or may order a preliminary examination to be conducted first. Once permission has been given, a copy of the revised or additional charge shall be served upon the accused for his reply, and the court may order the additional charge to be tried separately.

When there is an appropriate reason, the accused may move for making a revision or addition to his own reply before the court gives the judgment. If the court finds it appropriate to give permission, it shall serve a copy thereof upon the prosecutor.

As regards a motion for making a revision or addition to the charge, if it would prejudice the defence of the accused, the court shall not