Civil and criminal cases in Thailand involve a wide range of legal issues. Finding a competent and reliable attorney who speaks your language understands the local legal system, and is recommended by your embassy can make the process easier.
There are three levels of courts in Thailand: Courts of First Instance, the Court of Appeal, and the Supreme Court. The latter is responsible for hearing appeals for specialized courts like the Corruption and Misconduct Case Division.
Administrative Courts
The Administrative Court of Thailand (Thai: ) is the national judicial branch that handles grievances against state agencies and public officials. It was established in 2001, along with the Office of the Ombudsman.
The judicial system of Thailand is fundamentally a civil law system, where judges base their legal interpretations on codified statutes and established case law. There is no jury trial in criminal cases, and a judge decides guilt or innocence based on the evidence presented by the prosecution and defense. The absence of a jury system can be challenging for those accustomed to a common law jurisdiction.
If a case is contested by the defendant, a trial will be conducted in the district or provincial court where the cause of action arises or where the defendant resides. The Supreme Court can also review a case at its discretion, however, this is very rare.
When bringing a case to trial in Thailand, there is normally a requirement to deposit a sum of money into the court account to cover any potential damages incurred by the winning party. The prevailing party may also claim attorneys’ fees. However, the courts rarely award these fees and only at a reduced rate. In addition, the courts will not reimburse your attorney’s fees if you lose your case. This is because the courts view the case as being a loss to society in general and not just your personal interest.
Courts of Appeal
The judicial system in Thailand places a strong emphasis on alternative Thailand dispute resolution methods like mediation before a case is tried by a court. This is a reflection of the Thai legal system’s preference for an amicable resolution to a dispute, which saves time, money and emotional strain.
Generally, courts of appeal (Thai: saaluththrn) have jurisdiction over civil and criminal cases that fall within their territory. However, in order to appeal a decision, the court must meet certain requirements set out under law. The Supreme Court (or Dika court, Thai: saaldiikaa) is the highest appeals court for both civil and criminal cases in the country. It has a number of specialized divisions which handle cases related to labor, taxes, intellectual property and international trade, and bankruptcy. Only career judges are allowed to preside over these specialized cases.
The Dika court also has the power to transfer a case to another jurisdiction if it falls outside its jurisdiction. For example, if a case is brought to the court with a claim against a company, the court can decide to transfer that case to the company’s local branch or the provincial court of the district where the offense was committed. In addition, each appeals court has a research justice division composed of research judges who assist in examining the case facts and issues and discuss their findings with justices for purposes of uniformity and fair results.
Criminal Courts
A criminal case arises when an individual allegedly commits an offense outlined in the Thai Penal Code and other specific statutes. The burden of proof in criminal cases is “beyond reasonable doubt.” Criminal trials are conducted without juries and the judge alone decides guilt or innocence.
If the court determines that a crime has been committed, the accused party will be arraigned. In most cases, the accused is allowed to defend themselves in person and they may be represented by an attorney. A guilty plea or conviction is usually followed by a sentence of imprisonment. A defendant found guilty of a serious crime could face life imprisonment or even the death penalty.
The court system in Thailand comprises the Court of Justice, which is comprised of a central and nine regional courts of appeal as well as the Supreme Court (Dika Court). The Court of Appeals (Thai: saaluththrn) hears appeals of decisions given by the Court of First Instance while the Supreme Court hears appeals on points of law or significant matters of fact and serves as a precedent for lower-level courts. There are also four specialized courts, namely the Labor Court, Tax Court, Intellectual Property and International Trade Court and Bankruptcy Court. These are presided over by career judges who possess requisite knowledge and experience.
It is important to seek the guidance of an experienced lawyer who understands the Thai court system and the different stages of litigation. A seasoned legal representative will be able to work the process to their client’s advantage and anticipate the tactics of opposing counsel.
Municipal Courts
The criminal court of Bangkok (Thai: ; RTGS: Ratchadaphisek Criminal Court) is the trial court responsible for the application of criminal law in the city of Bangkok. It has jurisdiction over all cases not within the scope of the other courts of justice of Bangkok, namely the Bangkok South Criminal Court, Taling Chan Criminal Court, Thon Buri Criminal Court, and Phra Khanong Criminal Court.
When civil matters such as divorce, breach of contract, or collection of a sum of money are brought before a Thai court, the courts will always try to encourage parties to reach an out-of-court settlement. This reflects the general public sentiment that litigation is inconvenient and costly, and that it would be preferable to find a way to compromise.
Civil claims are heard at the municipal and provincial level. Each province has a court of first instance, for example, the Silom District Court handles arrests in the north of Bangkok, and the Minburi Provincial Court hears cases in the north of the country. The provincial courts handle cases in smaller and more minor offences than those involving the Supreme Court or the court of appeals.
As a general rule, the court will only render its decision at the end of the case by issuing a final judgment which sets out the particulars of the case and statement of grounds for the court’s decision. Motions to dismiss based on legal questions are very rare, and are usually denied by the courts in their final judgments.