Ligitations

In the Kingdom of Thailand, there is a three-tier court system. Judicial proceedings, such as civil and criminal cases, are heard in Courts of First Instance, which include the Provincial Courts of Thailand, the Courts of Bangkok, the Courts for Juvenile and Family Matters and Specialized Courts (Central Intellectual Property and International Trade Court, Central Labor Court, Central Tax Court, Central Bankruptcy Court).

Non-residents or Thai citizens can participate in civil, criminal, or administrative proceedings. The role you play in a court hearing (plaintiff, defendant, witness, victim, suspect, accused) matters. If you are a plaintiff in a criminal case, the public prosecutor will represent you, and in a civil case, you may need an attorney.

There are legal costs involved, so ensure that you can afford them. Familiarize yourself with the case materials and bring your summons to court. Your attire should be appropriate for visitors to government organizations – trousers, a shirt without colorful images.

A criminal case can be initiated by the prosecutor or the victim of a crime. The proceedings begin with filing a report at the police station and compiling a protocol.

During the court hearing, the court may either dismiss the case or continue the trial. The court can impose penalties such as property confiscation, fines, detention, community service, probation, imprisonment, or capital punishment.

The accused has the right to appeal the case to the next instance. The Appeal court may uphold or overturn the decision of the Court of First Instance. The decision of the Supreme Court is final.

The sentencing stage follows a person’s conviction by the court. As a means of punishment, the convicted person may face fines, property confiscation, detention, community service, probation, imprisonment, or execution.

Bail, as a temporary release of a suspect or accused, is widely practiced in Thailand. All necessary documents are submitted to the court according to the procedure. The amount of bail depends on the severity of the offense and is regulated by the Provincial Police Bureau. Cash and assets such as land, bank accounts, and deposits can be used as bail. The bail bondsman pledges the bail bond and undertakes to present the suspect (defendant) to the court on the day of the hearing. The bail is returned after the court’s decision.

The suspect (defendant) has the right to an attorney to represent their interests in the criminal process, as the judge bases their decision on witness testimonies and other evidence. You can communicate with your attorney in private, make oral and written statements. If you cannot afford an attorney, one will be provided to you free of charge.

Civil proceedings are governed by the Civil Procedure Code of Thailand 1934 (2477 B.E.). Civil lawsuits can be initiated by one or more parties (individuals, commercial enterprises, government organizations) against one or more parties. The court of first instance has jurisdiction according to Chapters One and Sections 2-10 of the Civil Procedure Code. After the Court of First Instance renders a decision, the case may be reviewed by the Court of Appeal and the Supreme Court of the Kingdom.

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