THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
Tilleke & Gibbins Supalai Grand Tower 26th Floor 1011 Rama 3 Road Chongnonsi Yannawa Bangkok 10120 Thailand Tel: +66 2056 5555 Email: bangkok@tilleke.com Web: www.tilleke.com
1. General 1.1 General Characteristics of the Legal System Thailand’s legal system is a civil law system. For something to be enforceable as law, it must first be written or formally established in writing by the state. Primarily, the authority to enact laws lies with the leg- islative power. However, in certain cases, the govern- ment may enact laws by exercising powers granted by the constitution, such as issuing a Royal Decree (Emergency Decree). Precedential cases of the Thai Supreme Court are influential on lower courts considering decisions to which those precedent cases would apply. However, unlike in common law jurisdictions, the precedents are not legally binding on the lower courts. Court proceedings in Thailand are conducted through both written submissions and oral argument. 1.2 Court System Under Thai law, there are four types of courts, as fol- lows: • Courts of Justice: These courts have the author- ity to hear and adjudicate civil and criminal cases occurring within the country. Their primary role is to resolve disputes between parties. The Courts of Justice are divided into three levels: (a) Courts of First Instance (which, as discussed in 3.3 Jurisdictional Requirements for a Defend-
ant , can be further subdivided into specialised courts); (b) Courts of Appeal; and (c) the Supreme Court (Dika Court). • Administrative Courts: These courts handle cases involving administrative matters, separate from Courts of Justice. They use an inquisitorial system, allowing them to investigate facts beyond what is presented by the parties, due to the nature of cases often involving regulations or orders from administrative authorities. • Constitutional Court: This court plays a critical role in reviewing the constitutionality of laws. It has the authority and duty to safeguard the Constitution and protect the rights and freedoms of the people. The rulings of the Constitutional Court are binding on all entities. • Military Courts: These courts have the authority to adjudicate and impose penalties on military per- sonnel who commit offences under military law or other criminal laws. The length of time to get to trial after commencement of proceedings can vary a great deal and will depend on a number of factors, including the complexity of the case and the court’s backlog. Having said that, parties can expect that a trial will begin within three to eight months of the commencement of the proceedings. 1.3 Court Filings and Proceedings In Thai legal proceedings, trials are conducted pub- licly. Public trials serve as a mechanism to promote transparency in the judicial process and guarantee that defendants have equal rights to defend them-
1107 CHAMBERS.COM
Powered by FlippingBook