Civil litigation in Thailand follows different procedures and legal standards than in Western countries. There is no jury system and the burden of proof falls on the accused to disprove accusations.
In addition, bail is frequently denied and the severity of the offense can significantly impact sentence length. THAC will explore these key differences as well as other aspects of the legal process.
Civil cases encompass a wide range of matters, from contract issues to personal injuries. In Thailand, the courts encourage parties to settle disputes through mediation or alternative Thailand dispute resolution, but if the court deems it unlikely that an agreement can be reached, it will set a date for a continuous trial focused on the merits of the case.
The country has four specialized courts - the Central Labour Court, Central Intellectual Property and International Trade Court, the Tax Court, and the Bankruptcy Court – which are each presided over by career judges who possess the relevant expertise. Appeals of decisions by these courts are made to the Supreme Court.
Thailand does not have a comprehensive discovery system, but the law requires that both sides file with the court at least seven days before taking evidence a list containing descriptions of witnesses and documents to be produced. Litigants are permitted to revise or submit additional lists at any time.
A criminal case begins in Thailand when an individual allegedly commits an offense outlined in the country's statutes. These statutes cover a wide range of crimes, from petty theft to murder and drug trafficking. Unlike common law countries, there is no jury system in Thailand; it is solely up to the judge presiding over the case to determine guilt or innocence, as well as determining sentencing should a defendant be found guilty.
Those who wish to bypass police and public prosecutors may bring a private criminal action directly to the court, though courts will generally conduct a preliminary "investigative" hearing in order to decide whether or not to proceed with a full trial.
Appeals are handled by the national Court of Appeal and regional courts of appeal situated throughout the country. Appeals against judgments or orders from the courts of first instance are submitted to these appellate courts. Those appealing corruption or misconduct cases must also submit them to the relevant specialist divisions within these courts.
Many disputes in Thailand are settled out of court. The reason for this is that Thais are not a litigious society and when they do resort to litigation it is typically only as a last resort. They fear that it will cause a disruption in business relationships, increase legal expenses and lead to lengthy judicial proceedings.
Outside of Bangkok, all criminal and civil cases in Thailand are under the jurisdiction of the respective Provincial Courts, while petty offences and small claims are under the jurisdiction of Kweang courts. Appeals against judgments or orders from the courts of first instance are handled by the Court of Appeal and the Court of Appeal for Specialized Cases.
During the trial, witnesses will be questioned by the prosecution and defence lawyers. The judge may allow the witness to affirm or deny their statement before the witness is cross-examined. In addition, pieces of evidence made up of microfilm or replica copies are not considered valid.
Your choice of legal representation is your responsibility. Consular officials can provide you with a list of lawyers who practice in the area of law related to your case and who have represented Canadians in the past. However, they cannot recommend specific lawyers.
Court delays remained a problem, especially in the Supreme Court. Lengthy pretrial detention was common, and many people were denied bail even though the legal requirements for bail had been met.
Specialized courts include the tax court, intellectual property and international trade court, bankruptcy court, and labor court. These courts are not part of the regular court system and are presided over by professional judges who have the requisite expertise. Appeals from judgments in these specialized courts are heard by the Court of Appeal for Specialized Cases. The Supreme Court also hears appeals in cases involving the lese majeste, criminal code, and computer crimes.