If you are facing criminal charges in Thailand, it is important to understand the legal process. Global Affairs Canada can help you get ready for court.
Like other legal systems, Thailand’s judicial system is complex and varies from what one might be used to in the West. This article will provide an introduction to the Thai judicial system, key aspects of criminal cases, and available resolution options.
Judicial System
The judicial system in Thailand is structured into three levels: the Supreme Court, the Court of Appeal and courts of first instance. Courts of first instance handle civil cases not designated to specialized courts as well as probate and inheritance proceedings. The Supreme Court, which has a total of 60-70 justices, hears appeals on questions of law and at times on issues of fact elevated from the courts of appeal or directly from specialized courts.
The appeals process involves a review of the case files from the court of first instance, and hearings are conducted in accordance with the specific laws governing that case type. The Supreme Court is the highest level of appeal in the Thai legal system and it is a constitutionally mandated institution that has the power to overturn any decision issued by the lower appellate courts.
It is common for witnesses who are unable to attend the hearing in person or abroad to testify via video conference. This method allows the judge to conduct examinations, cross-examination and re-direct examinations remotely and supports judicial efficiency.
Like most other jurisdictions, the burden of proof for criminal trials rests with the accused party. This is one reason why it’s important to secure the services of experienced and knowledgeable local counsel if you or your business are facing any criminal litigation in Thailand. Your lawyer will be able to guide you through the proceedings, help prepare your defence, and ensure that your rights are protected throughout the process.
Dispute Resolution
Dispute resolution in Thailand includes the courts and various forms of alternative dispute resolution (ADR). Court-supervised mediation, provided under the Civil Procedure Code (CPC) and based on the UNCITRAL Model Law on International Commercial Arbitration, is used frequently. In addition, out-of-court arbitration is available through the Arbitration Act B.E. 2545 (2002), and expert determination can be carried out through mutually agreed procedures.
Thailand’s judicial system is adversarial, with both parties having the right to present evidence and rebut evidence presented by the opposing party during trial hearings. The judiciary also maintains checks and balances, allowing judges to be investigated if they are suspected of dishonest conduct, similar to other officials in the country.
There is no comprehensive discovery scheme in the Thai legal system, but the CPC does require that parties submit lists containing descriptions of witnesses and documents to be adduced at trial, along with copies of those documents. Additionally, the courts have discretion to request further information from parties and third parties to support their case.
Civil cases may be filed at the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Min Buri Civil Court, Taling Chan Civil Court, and kwaeng courts (where the claim amounts fall below the jurisdiction thresholds set by law). Appeals from judgments or orders of these courts are heard at the Court of Appeal, a central appellate court in the capital, as well as local appellate courts located throughout the country.
Judgments
In Thailand, the law provides that a judgment is binding only on the litigants named in the case. Moreover, the judgment may not be enforced against parties not named in the case, including state agencies and state-owned enterprises.
The general organisation of the court system for civil litigation in Thailand is as follows:
A criminal case arises when a person or entity allegedly violates a specific statute, which can range from petty theft to serious crimes such as homicide and drug trafficking. The court system in Thailand does not follow a common law legal framework and instead relies on codified statutes and judicial interpretation of laws. This approach grants judges a greater degree of discretion in interpreting the law, compared to a jurisdiction that is based on a common law system.
Witness hearings in Thailand are conducted in accordance with the law, requiring witnesses to affirm their statements and be cross-examined by opposing counsel. A judge also conducts an examination of witnesses if requested by the parties. The use of e-hearing systems allows witness testimony to be recorded electronically and submitted to the court for review, which expedites the judicial process.
In Thailand, the judiciary has established checks and balances to ensure that a fair process is followed. For example, any party that is dissatisfied with a decision can appeal the decision to the Court of Appeal or the Supreme Court, allowing for a thorough review.
Court Fees
Whether or not court costs are awarded is often a significant concern for parties involved in litigation. In Thailand, legal fees are awarded on the basis of a statutory schedule that provides minimum and maximum guidelines for lawyer remuneration. As a result, substantial legal fee awards are rare. However, if a client wins a civil case, the prevailing party is generally reimbursed for attorney’s fees.
Moreover, any appeal against a court decision must be submitted within one month from the pronouncement of the judgment or order in question. Appeals are typically accepted only when the judge deems that there is reasonable cause for the appeal, and there are clear and convincing reasons to do so.
In addition, as a criminal matter, the convicted are liable for prosecution expenses and attorneys’ fees expended in defending the case against them. In cases involving the destruction of property, or the instigation of any other crime, the offender may also be ordered to pay compensation to the victim.
It is important for counsel to understand the Thai court system and how a client’s case is likely to be resolved. In all instances, clients and their legal counsel should seek advice from a qualified professional who is licensed to practice law in Thailand. Global Affairs Canada cannot protect individuals from the consequences of breaking foreign laws or override decisions made by local authorities.