A criminal case arises when an individual allegedly violates any of the laws outlined in Thailand’s Penal Code or other specific statutes. Judges determine guilt or innocence and do not rely on case law or jury trial systems.
A qualified criminal lawyer will help you navigate the judicial system and work on your behalf to prevent surprises. They will also be able to anticipate the opposing counsel’s moves throughout the process.
Judicial System
The Kingdom has a multilevel court system, including the Constitutional Court, the Supreme Court and Courts of First Instance. It also has 96 Provincial Courts covering civil and criminal cases, as well as 29 Juvenile and Family Courts, seven Kweang Courts focusing on small matters and petty crimes, and a number of specialized courts such as the Labor Court, Tax Court and Intellectual Property Court.
The judicial system is based on an adversarial model, whereby each party presents evidence and cross-examines witnesses. The judge presiding over the case then decides whether to accept or reject the evidence.
Thailand’s laws protect judges’ independence and impartiality, mandating that they operate independently during trials and judgments and ensuring that no bias influences their decisions. The judiciary also has its own code of ethics and disciplinary processes for judges found guilty of misconduct. In Thailand, suspects can be detained for up to 48 hours without charge before being granted bail, with factors such as the severity of the offense and their flight risk heavily influencing the decision. A suspect may also apply to be released on bail before the trial date.
Jurisdiction
The courts of Thailand have jurisdiction to try and adjudicate civil and criminal cases. A criminal case arises when an individual allegedly commits a crime listed in the Penal Code or other specific statutes and is brought to trial by prosecutors under the jurisdiction of the relevant court. Unlike common law systems, Thai courts do not have a jury system and judges decide guilt or innocence solely on the basis of the evidence presented by both the prosecution and defence.
In civil cases, the court will usually encourage parties to participate in court-supervised mediation to try to resolve the dispute without a full-scale trial. Should this be unsuccessful, dates will be set for witness hearings and once all the evidence has been submitted, a judgment hearing date will be scheduled.
Parties may appeal any decision by a lower court to the Court of Appeal or Supreme Court, depending on the nature of the case. In the event of an appeal, a new judge will be assigned to review the case. THAC is aware that litigation is an expensive and time-consuming process for all parties, including businesses and individuals, and will continue to promote alternative dispute resolution as an effective tool in reducing the amount of litigation in Thailand.
Rules of Evidence
In Thailand, evidence is presented in the form of testimony given by witnesses and supporting documents. In the case of criminal cases, a witness may be examined by a court investigator (sworn officer).
Judges in Thailand are mandated to operate independently from the government and operate swiftly and fair trials and adjudications without bias or prejudice. They also must adhere to the Constitution and laws of Thailand.
Moreover, judges are not allowed to reveal information shared with them by the client in cases where attorney-client privilege has been violated. Nevertheless, there are certain exceptions to this rule. The judicial system of Thailand has recently introduced e-Hearing systems, which allow the examination of witnesses via video and audio recording devices in courtrooms. This allows for greater efficiency of the judicial process. It also reduces the burden on the witnesses to travel to and from court, as well as the cost of preparing for the testimony. Additionally, the system allows for the easier availability of court files and other information.
Burden of Proof
In Thailand, the claimant bears the burden of proving all the elements of their case. This includes demonstrating liability, causation and damages. Courts have the discretion to award costs to either party.
Generally speaking, a claimant is not required to attend the hearing of their case in person unless they are bringing a civil action or if they intend to make an application for transfer. In the latter case, you will be required to present yourself at a hearing to affirm your written statement and to allow cross-examination.
Although Thai courts do not have a culture of settlement and many cases have to go to trial, it is still possible to reach an agreement with the other party at any stage of the proceedings. The courts also encourage the parties to seek resolution through mediation or other alternative dispute resolution methods.
As a general rule, Thai courts do not recognise or take into consideration foreign judgments and proceedings in the course of their own consideration of a matter unless they are adduced as evidence. However, the exception can be made where the case in question involves matters of public interest and is a matter of national concern.
Electronic Hearing System
The Thai judiciary is modernizing its processes through the use of technology. A directive that went into effect on May 4, 2017, permitted pleadings to be filed electronically, and allowed litigants to pay court fees and trial expenses online with credit or debit cards. An electronic hearing system is also in place, which films proceedings and allows participants to view the recordings online. In addition, a governmental organization developed body-worn aids that allow for better communication between litigants and judges. The device has a design that looks like a media player. It meets electro-acoustical test standards and clinical testing has shown it is effective for users with moderate hearing loss.
