The legal process of civil litigation in Thailand involves filing a lawsuit against an entity to recover compensation. A lawyer can help navigate complicated case details and laws, as well as the burden of proof.
Dissimilar to Western common law systems, the Thai judicial system primarily relies on codified statutes and judicial interpretation. There are specialized courts, including the Central Intellectual Property and International Trade Court, Central Tax Court and the Central Labour Court.
Criminal Law
In Thailand, a criminal case is brought about when someone violates a law outlined in the Penal Code. This legal framework governs crimes such as homicide, drug trafficking and theft. The law also describes a range of punishments for these offences.
A criminal case in Thailand begins when a private individual files a complaint with the police or a court. Alternatively, people can bypass the police and directly ask a judge to conduct a kind of investigation to verify whether or not there is sufficient evidence to file a criminal case against someone.
Once a criminal case is filed, the public prosecutor is responsible for presenting facts and information to the courts in order to establish an accused person’s guilt or innocence. The court’s duty is to determine the appropriate penalty in the event of a conviction, and this decision is based on the evidence presented.
The judge must prove that the offender committed an offense and that he or she had “mens rea” (guilty intention). In the case of murder, this means a judge must be convinced beyond any reasonable doubt that the suspect intended to kill someone and did not act out of negligence. There is no jury system in Thailand, and the burden of proof rests solely with the presiding judge. Criminal cases are heard in the Courts of First Instance, Appeals Courts and the Supreme Court.
Civil Law
Civil law in Thailand includes any lawsuit brought to court for the enforcement, protection or redress of a right. Generally speaking, civil actions involve property and commercial disputes, personal injury claims in Thailand (including accidents), employment actions, divorces and torts (known as wrongful acts in Thai law).
In most cases, a person can only sue for compensation when they have suffered injury to their body, liberty, life or property beyond a reasonable doubt. This is why many people in Thailand hire a lawyer or public prosecutor to represent them in civil suits against bigger defendants such as businesses.
Most cases in Thailand are handled by courts of first instance. These include the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Taling Chan Civil Court, Phra Khanong Civil Court and Min Buri Civil Court as well as seven Kweang courts which deal with both criminal and civil cases. The Court of Justice is the default court of first instance, unless a case falls under the scope of jurisdiction of a more specialised court such as the Central Intellectual Property and International Trade Court, the Central Labour Court, the Central Tax Court or the Central Bankruptcy Court.
The courts of appeal are the Court of Appeal for Specialised Cases and the Supreme Court, which also handles appeals from specialized courts. Judicial precedent is not as binding as it is in common law countries, but the decisions of higher courts do have a considerable impact on lower courts. The Supreme Court and the Court of Appeal publish a selection of their rulings in the Government Gazette.
Administrative Law
In Thailand, there are specialized courts that deal with certain legal issues. These include the Central Labour Court, the Central Intellectual Property and International Trade Court, the Central Tax Court and the Central Bankruptcy Court. These courts were established to ensure that the specific legal issues under their jurisdiction would be heard by career judges with the necessary background and expertise.
The courts’ responsibilities are based on their respective statutes and the Constitution. They are authorized to try and adjudicate cases involving public rights, criminal offences (except for offences committed with weapons and sexual assault), larceny, misdemeanours, breach of civil service regulations, and other matters deemed by the courts to be within their jurisdiction.
A judge will preside over a trial and hear evidence in the presence of both the plaintiff and defendant. A verdict is then pronounced. A court’s judgment must be written in the language used by the court and will usually include a statement of its decision, the reasons behind the decision and a list of the facts supporting that decision. The judges will also usually include a brief explanation of the law that applies to the case.
In Thailand, it is possible for parties to challenge a judgment at the Administrative Court by filing an appeal. The appeal must be filed within 30 days from the date of the original judgment. The judges of the Appellate Court will consider the arguments of both sides. If the judges are split, a majority vote will be required for the judgment to be pronounced.
Foreign Law
In general, a foreign citizen can file a civil case in Thailand as long as the claim falls under Thai jurisdiction. This is subject to the specifications of any bilateral treaty between Thailand and the country where the defendant is based. Service of process can be delivered via international courier or through diplomatic channels depending on the specifications of any applicable bilateral treaty.
In terms of criminal law, there are no restrictions on the ability of a foreigner to be tried for offences committed in Thailand. However, foreign citizens may have more difficulty proving their innocence in the event of a criminal charge because they do not have access to the same evidence as a local citizen.
There is no jury system in the Thai judicial system, and it will be the judge presiding over the trial who determines guilt or innocence of a defendant as well as determines punishment if the defendant is found guilty. It is also the responsibility of the judge to determine whether or not a suspect can be released on bail.
Civil courts in Thailand can take a long time to reach judgments depending on the complexity of the matter and the court before which it is being heard. However, lengthy court cases in Thailand are not necessarily more common than in other countries.