The Thailand legal system has several levels of court jurisdiction. These include the courts of first instance, which are responsible for judicial investigations and case considerations; the court of appeals, which settles cases that have been reviewed by the court of first instance; and the Supreme Court.
Civil and criminal cases in Thailand can involve a variety of issues and alleged offenses. Understanding the differences in laws and procedures is essential to navigating these cases.
The legal system in Thailand is based on a civil law system influenced by the United Kingdom’s common law and continental European (civil) systems. This means that cases are considered and decided by judges rather than juries. Civil cases must be backed up by evidence that supports the claim being made.
In addition to traditional civil courts, the country also has special courts for specific types of cases such as specialized criminal courts or bankruptcy and tax cases. These courts are often staffed by expert judges who specialize in those areas of the law.
While a case may be filed at any court, it is recommended that parties seek out legal counsel for guidance and representation throughout the process. A lawyer will help navigate the proceedings and ensure that all steps are followed properly. Additionally, they can provide support during mediation and negotiation processes. In addition, they can assist with obtaining necessary documentation and evidence.
In Thailand, disputes between government agencies are dealt with by the Administrative Court. These cases involve the right to challenge administrative decisions and the legality of such actions. Generally, the lawsuits are related to permits or licenses. The judge may facilitate a compromise between the parties and can also appoint a reconciler from outside of the court. He or she may also conduct a closed-door session with the parties to bring about reconciliation.
The Supreme Court has the authority to review these cases and determine their legitimacy. The court will then decide whether to try the case or transfer it to another jurisdiction.
Civil disputes in Thailand are a common occurrence. This can be due to language barriers, unlawful purchasing procedures, or dishonesty from sellers. These legal disputes can result in expensive litigation if not addressed early on. A prevailing party in a civil case can request that the other party pay attorney fees. However, the courts only award attorneys’ fees at the court rate which is significantly less than market rates.
A civil litigation attorney can be hired to represent either defendants or plaintiffs in a wide range of cases. The type of cases handled by a civil litigator can include claims for compensation for damage, breach of contract, and unfair business practices. The litigation process in Thailand is lengthy and complex, but a skilled lawyer can work to the client’s advantage.
In Thailand, the courts have a significant degree of autonomy to make decisions about the legality of a case. This is because the country has a civil law system, but judges often consider previous Supreme Court decisions as precedent references for their adjudicating of cases.
In addition to the courts in Bangkok, the country has 96 Provincial Courts that cover both civil and criminal matters, and seven Kweang Courts, which are limited jurisdiction courts that deal with petty cases. Generally, the court will conduct a preliminary investigative hearing to determine whether a case has a basis for proceeding to trial.
A civil dispute in Thailand can be a daunting prospect for foreigners. While the judicial system is generally considered to be fairly independent, many companies express concerns that corruption is widespread within the judiciary. Bribes and irregular payments are commonplace, and companies report that the judiciary is slow to enforce regulations and settle disputes (GCB).
In a criminal case, if you are convicted of a crime in Thailand, you could be sentenced to a long prison term. While pleading guilty can reduce your sentence, there is no plea bargaining and a conviction means that you will be deported to your country of origin.
Appeals are usually heard in the Central and nine Regional Courts of Appeal, which may reaffirm, dismiss, or reverse the judgment of the lower court. However, the Supreme Court (Dika) hears cases in special circumstances or where the judgment is controversial. Generally, the court will require a deposit for the case and it is a good idea to have this money ready.