Litigation in Thailand

Litigation in Thailand follows a civil law system, predominantly codified, with a structure influenced by the legal traditions of continental Europe. The legal process is governed by a series of statutes, most notably the:

• Civil Procedure Code (CPC): Governs civil and commercial disputes.

• Criminal Procedure Code (CrPC): Governs criminal prosecutions.

• Act on the Establishment of and Procedure for Courts of Justice B.E. 2543 (2000): Defines court hierarchy and jurisdiction.

• Constitution of the Kingdom of Thailand: Guarantees the right to fair trial and judicial process.

• Special Procedural Acts: For specialized cases, including Bankruptcy Act, Labour Court Procedure Act, and Consumer Case Procedure Act.

Litigation in Thailand is predominantly judge-centric, with judges playing an active role in examining witnesses and evaluating evidence. There is no jury system, and the trial process is conducted almost entirely in Thai language.

II. Court Structure and Jurisdiction

The Thai judicial system consists of three main levels of courts, supplemented by specialized courts for certain case types:

A. Court of First Instance

1. Civil Courts: Handle general civil and commercial disputes.

2. Criminal Courts: Address criminal offenses, from misdemeanors to felonies.

3. Provincial Courts: Located outside Bangkok, handling both civil and criminal cases.

4. Specialized Courts:

   • Labor Court: Employment disputes and wrongful termination.

   • Tax Court: Tax assessment and duty disputes.

   • Bankruptcy Court: Insolvency and reorganization cases.

   • Intellectual Property and International Trade Court (IP&IT Court): IP disputes, international trade issues.

   • Juvenile and Family Court: Family law cases, including custody and juvenile delinquency.

B. Court of Appeal

• Divided into regional appeal courts.

• Reviews decisions from Courts of First Instance on both questions of fact and law.

C. Supreme Court (Dika Court)

• Final appellate jurisdiction.

• Selective acceptance, focusing on legal interpretation or public interest.

D. Administrative Court

• Separate from the civil/criminal hierarchy.

• Handles disputes involving government agencies or officials.

• Governed by the Administrative Procedure Act B.E. 2539 (1996).

III. Civil Litigation: Procedural Stages

A. Filing a Complaint

• A civil case starts with filing a plaint (complaint) at the appropriate court.

• The plaint must contain:

  • Statement of facts and legal grounds.

  • Remedy sought.

  • Copies of evidence and list of witnesses.

Court fees:

• Typically 2% of the claim amount (capped at THB 200,000 for high-value cases).

B. Service of Summons

• The court issues a summons to the defendant, requiring a response within 15 days (30 days if the defendant is abroad).

C. Preliminary Hearing

• The court examines the admissibility and clarity of the plaint.

• Sets the timeline for the trial and encourages settlement or mediation.

D. Evidence and Trial

• Each party submits evidence and calls witnesses.

• Evidence must be:

  • Relevant, Material, and Admissible.

• Documentary evidence must be translated into Thai and notarized if from abroad.

• Cross-examination follows the judge-led direct questioning.

E. Judgment and Appeal

• The court issues a written judgment, explaining factual findings and legal reasoning.

• Parties may appeal within 30 days if dissatisfied with the ruling.

IV. Criminal Litigation: Key Elements

A. Commencement of Criminal Action

• Initiated by:

  • Police investigation and public prosecutor’s decision.

  • Private complaint filed directly with the court (permitted for certain offenses).

B. Preliminary Examination (Section 162 CrPC)

• Court evaluates whether there is sufficient prima facie evidence to proceed to trial.

• Dismissal if evidence is deemed insufficient.

C. Trial Process

• Inquisitorial elements: Judges actively question witnesses.

• Accused has the right to:

  • Legal representation.

  • Cross-examination of witnesses.

  • Present exculpatory evidence.

D. Standard of Proof

• Beyond a reasonable doubt for conviction.

• Weaker evidence standards are not admissible.

E. Appeal and Supreme Court Review

• Appeals allowed on questions of law and fact.

• Final appeal to the Supreme Court (Dika) is discretionary, often requiring significant legal questions.

V. Evidence Law and Admissibility

A. Documentary Evidence

• Must be:

  • Authentic (signed or sealed by a competent authority).

  • Translated into Thai if in a foreign language.

  • Properly stamped and notarized.

B. Oral Testimony

• Witnesses must affirm under oath.

• Testimonies are recorded and transcribed for appeal.

C. Expert Witnesses

• Permissible if the subject matter requires technical or specialized knowledge.

• Court may appoint its own expert if necessary.

VI. Enforcement of Judgments

A. Civil Judgment Enforcement

• Initiated through a writ of execution.

• Methods include:

  • Seizure and auction of property.

  • Garnishment of wages or accounts.

• Managed by the Legal Execution Department.

B. Criminal Judgment Enforcement

• Fines and imprisonment are executed through police and correctional authorities.

• Probation and community service may be imposed as alternatives.

C. Foreign Judgment Enforcement

• Foreign judgments are not automatically recognized.

• Must file a new lawsuit using the foreign judgment as evidence.

VII. Alternative Dispute Resolution (ADR)

A. Court-Annexed Mediation

• Mediation is encouraged, especially in:

  • Consumer disputes

  • Family law cases

• Agreements are recorded as court orders, enforceable like a judgment.

B. Arbitration

• Governed by the Arbitration Act B.E. 2545 (2002).

• Awards are enforceable under the New York Convention, provided they do not violate public policy.

VIII. Challenges and Practical Considerations

• Language Barrier: All proceedings are conducted in Thai.

• Delays: Civil cases may take 1–3 years at the trial level, with appeals adding 2–4 years.

• Foreign Litigant Issues:

  • Must engage a Thai-licensed lawyer.

  • Difficulty in enforcing foreign judgments.

• Costs: Court fees, legal representation, and translation costs can be substantial.

IX. Conclusion

Litigation in Thailand is a structured, statute-driven process where legal formalism and judicial oversight are paramount. Civil and criminal procedures differ significantly, reflecting the balance between protecting individual rights and ensuring public order.

For foreign litigants, understanding the procedural nuances and preparing for language and cultural barriers are essential. The litigation process, while formal, offers multiple avenues for redress, including appeal and ADR mechanisms. Engaging competent local legal counsel is crucial to navigating the Thai judicial system effectively.