THAILAND Law and Practice Contributed by: Chusert Supasitthumrong, John Frangos, Alongkorn Tongmee and Eric Meyer, Tilleke & Gibbins
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 legislative power. However, in cer- tain cases, the government 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 deci- sions to which those precedent cases would apply. However, unlike in common law jurisdic- tions, the precedents are not legally binding on the lower courts. Court proceedings in Thailand are conducted through both written submissions and oral argu- ment. 1.2 Court System Under Thai law, there are four types of courts as follows. • Courts of Justice – these courts have the authority to hear and adjudicate civil and criminal cases occurring within the coun- try. 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 Require- ments for a Defendant , can be further subdivided into specialised courts); (b) Courts of Appeal; and (c) the Supreme Court.
• Administrative Courts – these courts han- dle cases involving administrative matters, separate from Courts of Justice. They use an inquisitorial system, allowing them to inves- tigate facts beyond what is presented by the parties, due to the nature of cases often involving regulations or orders from adminis- trative authorities. • Constitutional Court – this court plays a criti- cal role in reviewing the constitutionality of laws. It has the authority and duty to safe- guard 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 personnel who commit offences under military law or other criminal laws. The length of time to get to trial after commence- ment 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 back- log. 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 publicly. Public trials serve as a mechanism to promote transparency in the judicial process and guarantee that defendants have equal rights to defend themselves in court. Thai law allows the court to also order a “closed trial” in certain cases, during which the public will not be per- mitted to attend or access information about the proceedings. Court filings are generally not available to the public. Only the parties to a case can access court submissions.
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