The legal framework in Thailand differs from Western systems. It operates on a civil law foundation and relies on codified statutes, giving judges much greater discretion.
Criminal cases in Thailand arise when a person violates a law outlined in the Penal Code and related statutes. They are handled in the court of the district where the crime was committed, alleged or believed to have been committed.
The Court of First Instance is the highest level of Thailand’s judicial system and is composed of general courts, juvenile and family courts, and specialized courts. The General Courts include Civil Courts, Criminal Courts and Provincial (Kweang) Courts; the Juvenile and Family courts consist of the Central and Provincial Divisions; and the Specialized courts include the Labour Courts, Tax Courts and Intellectual Property and International Trade Courts.
The courts handle both civil and criminal cases involving individuals, as well as companies and organizations. They also try alleged offences committed against government agencies and officials. In addition, they have jurisdiction over any offence that has been committed, alleged or believed to be committed in the district where the crime was allegedly committed, or where an offender resides or is arrested.
Typically, a case will be heard by three judges including one professional judge and two lay judges, but this can vary depending on the jurisdiction. The recruitment of judges for the Administrative Courts is based on a highly competitive exam and interview process. Those who pass the exam will be selected to be judges and then endorsed by the Judicial Commission, which will present them to the Prime Minister for royal appointment. The judges have a full set of judicial powers, however, they do not receive a salary.
The Court of Appeal is Thailand s highest court and hears appeals from decisions or orders made by district courts, provincial courts, the Central Courts (Criminal Court and Civil Court) as well as other specialized courts such as the family court, labor court and the criminal court for class actions. The court is staffed by the general court of appeals as well as nine Thai regional courts of appeal and operates on an adversarial system in which each party has the right to present and rebut evidence.
If the court used faulty or illegal evidence in a conviction, this is a ground for an appeal. For example, a judge may use out-of-court statements or confessions that are not properly admitted to evidence by the law. This is a clear violation of the Constitution and the laws of Thailand.
Another appeal ground is if the court improperly restricted a defendant s right to cross-examine witnesses. The Constitution and the Code of Criminal Procedure guarantee this right. In addition, if a judge violated the rules of evidence or was biased during a trial, this can be a basis for an appeal. Finally, if the court made an error in calculating or applying the law of damages, this can also be grounds for an appeal. This is especially true if the judgment was too low.
The Court of Criminal Appeal consists of a general court and nine Thai regional courts, headed by the chief justice as the president and vice presidents. It tries appeals from the decisions or orders made by Thailand civil and criminal courts. It also tries cases in which the court has erred in interpreting the law or in deciding whether to accept an accusation of criminal activity.
The main functions of the Court of Criminal Appeal are to review and decide on a case after considering all relevant facts and evidence, including hearings, before passing its judgment. It is also responsible for setting a punishment for the defendant if found guilty. The judge presiding over the case is free to reduce the sentence, but not by more than one half.
In Thailand, a person can bypass police and prosecutor by submitting a complaint directly to the court. However, the court will first conduct a preliminary "investigative" hearing to determine whether the complaint has merit. If the court finds that it has, the complaint will be referred to the public prosecutors for prosecution.
During the trial, witnesses will be called by both the prosecution and defense attorneys to testify. During this process, the judge will question the witness and may also request further clarification of their testimony. In general, the court will attempt to schedule all of the witness hearings within a six month period. However, if the witness is not available or has died, the court may have to reschedule the hearings.
The Court of General courts handle civil and criminal cases not passed to the Court of Appeals. It is composed of the labor court, criminal court, and the public prosecutions office. They are also responsible for enforcing the constitutional rights of the citizens. These courts do not operate independently from the Supreme Court, but their judgments may be appealed directly to it.
In a civil case, the court will plausibly encourage the parties to settle their disputes through a process of court-supervised mediation. A preliminary hearing will be scheduled to identify any issues and facilitate compromise between the parties. In addition, the court will set a timeline to complete the case. If the court determines that compromise is not likely, it may postpone the trial.
If the court finds the defendant guilty, it will impose a fine or imprisonment. The victim or injured party can submit evidence before the start of the trial, although it is generally difficult to do so if the offender has fled the country.
The Supreme Court of Thailand is the highest court in the country and is tasked with upholding the supremacy of the Constitution. The court also reviews the performance of political organs and institutions in order to ensure that they are in accordance with the Constitution. The Constitutional Court is also responsible for resolving issues concerning the security of the democratic regime of government with the King as head of state and national interests.