Whether you are a tourist or a resident of Thailand, it is important to understand how the judicial system functions. Civil cases typically result in financial compensation, while criminal cases may lead to fines or imprisonment.
There is no jury system in Thailand, so it is up to judges to determine the defendant’s guilt or innocence. The law also outlines the burden of proof in each case.
Unlike most Western countries, Thailand does not have a jury system. Instead, cases are considered and decided by a judge. This means that the burden of proof is on the plaintiff to prove a defendant’s guilt beyond a reasonable doubt. If the judge determines that the defendant did commit an offense, he or she will order appropriate punishment.
The legal system in Thailand is based on civil law. The basic provisions governing criminal offences can be found in the Penal Code and the Criminal Procedure Code. A criminal case begins when someone submits a complaint to the police or to court. The public prosecutor must present facts and information to establish an accused person’s guilt before requesting the court to punish him or her according to the provisions of law.
During trial hearings, witnesses can be questioned by both the prosecution and defense attorneys. The judge can also request that both parties present certain pieces of evidence, such as a witness list or copies of the trial transcript. In addition, a judge can authorize parties to obtain foreign civil judgments for use in the trial.
The judicial system in Thailand is generally fair and efficient. However, there are some areas of concern. In particular, corruption and a lack of capacity in law enforcement agencies can make it difficult to enforce the law effectively. Despite these challenges, crime rates have started to improve in recent years.
Many parties to disputes avoid litigation out of fear that it will disrupt business relationships and lead to increased legal expenses. While these concerns are sometimes valid, there are times when recourse to the courts is the best option for resolving disputes. This is why it is important for companies to understand how the Thai judicial system works.
Thailand’s judicial system is divided into three levels: the Court of Justice, the Court of Appeal, and the Supreme Court. It does not rely on juries and instead decides cases based on the evidence adduced by each party. However, the Court of Justice is attempting to improve case handling efficiency through four measures: (1) increasing the number of judges to ensure that all parties have access to justice; (2) setting up specialized courts to adjudicate cases by expert judges under specific procedure laws; (3) promoting alternative dispute resolution (ADR) as a diversionary measure; and (4) introducing e-services for court procedures.
Civil cases in Thailand typically begin with a plaintiff filing a complaint. Depending on the type of dispute, the court may encourage or even require mediation at an early stage. It may also schedule hearings to determine the issues for trial and facilitate compromise between parties.
The court also maintains checks and balances to prevent corruption within the judiciary. Any party that disagrees with a decision can appeal it to the Court of Appeal or the Supreme Court, and the judicial services commission is empowered to investigate judges suspected of dishonest conduct.
In Thailand, courts have several Thailand dispute resolution options, including mediation and judicial review. The judiciary is also highly regarded for its independence and impartiality. Judges are bound by the constitution and laws to operate independently in the trial and adjudication of cases, ensuring speedy and fair proceedings without bias. They are also required to adhere to a code of ethics and face disciplinary action for violations.
The burden of proof in criminal cases is beyond reasonable doubt. This is a higher standard than that of civil cases. There is no jury system in Thai courts, and the judges presiding over the trials play an active role in case management and the taking of evidence.
Prior to the taking of evidence, parties must file a list with the court containing descriptions of witnesses and documents they intend to present during the trial. Moreover, they must submit copies of these lists to the other party. The court may request additional lists from either side at its discretion.
The court may conduct a preliminary “investigative” hearing to determine whether or not the case has sufficient merit for a full trial. During this hearing, the plaintiff must present at least one witness to demonstrate that the case has a basis. If not, the judge will dismiss the case. In addition, foreign arbitral awards are recognized and enforced in Thailand if they meet certain criteria, such as being enforceable under treaties, conventions, or international agreements to which Thailand is a party.
A key feature of the Thai judicial system is that all cases must be heard by the Court of Justice. The court has the power to issue royal decrees not contrary to law, declare and lift martial law, and enter into treaties (with the approval of two-thirds of the members of the National Assembly in the case of material treaties).
A criminal case can be brought forward by submitting a complaint to police or directly to the courts. In either case, the criminal prosecution process begins with a first hearing in a Court of First Instance. Witnesses may be required to attend a series of hearings, including direct examination of the witnesses by the party presenting the case, cross-examination and redirect examination. Witnesses may also be asked to submit written statements ahead of trial that will serve as the basis for their testimony.
When a case is argued on appeal, the appellate court will review the legal issues and arguments previously presented in the lower court. The court will not normally re-hear the case or introduce new evidence. The court will generally affirm, reversal, or modify the original judgment, but may remand the case back to the court of first instance if it finds that essential issues were not properly addressed in the original proceedings.
A significant portion of the judicial system in Thailand is based on civil law, with many of the basic legal principles derived from continental European systems of law. The judicial system is continuously improving through the use of technology and digital initiatives to improve the efficiency of litigation.