Litigation
Dear Sirs!
The judicial system of Thailand is presented in the four main courts – the Constitutional Court, Courts of general jurisdiction, the Administrative Court and Military Court.
The most frequent litigation, such as civil and criminal, are considered ordinary courts of first instance. It is Thailand’s Provincial Courts; Courts of the city of Bangkok; Juvenile courts and Family issues; Specialized courts (Central Court of Intellectual Property and International Trade; Central Labor Court; Central Court of Taxes, Central Bankruptcy Court). In the future, the case referred to a review in the Court of Appeal. Supreme Court of appeal is the Supreme Court of the Kingdom of Thailand.
Non-resident or a citizen of Thailand can be a party of civil, criminal or administrative proceeding. An important point is the capacity that you presented at the court hearing (plaintiff, defendant, witness, victim, suspect or accused).
Your Lokart Attorney is your representative at all stages of civil and criminal proceedings.
There are litigation costs, make sure you can pay them. Your clothes should match the requirements of the state organizations -trousers, shirt without color images.
The prosecutor or the injured person from the criminal act may initiate a criminal case. Paperwork begins with the statement at the police station and the minutes.
Criminal cases in Thailand are divided into two categories:
1. Criminal cases are initiated by state prosecutors and cannot be compromise solutions. It is a criminal offense that affects the safety of society and the country, constitute a threat to health and life, public or privet property, including serious crimes, like selling drugs, deforestation, illegal gambling and corruption.
2. Criminal acts which do not constitute a social and public danger and may have compromise solutions.
Case is initiated, as a rule after the application of a person or group of persons.
Your interests will be represented by LOKART INTERNATIONAL! lawyers
Let us consider stages of the criminal process:
The stage of the investigation. The investigator conducts a preliminary investigation, interview witnesses, collect evidence and prepare a protocol. If you suspect of having committed grave crimes the police has the right to conduct a search, search and arrest suspects, confiscate material evidences and instruments of the crime. For suspect may offered bail until the end of the investigation. According to Article (Section) 87, of the Criminal Procedure Code of Thailand, the arrested person is brought to court after 48 hours of the protocol in the police. The court may extend the detention for a period of preliminary investigation of 7 to 84 days depending on the complexity of the investigation.
The investigating authorities may terminate the investigation because of the absence of the suspect, the absence of an offense if the suspect has been released on the investigation and the case was sent to the prosecutor for further legal action, as well as in the process of preliminary investigation in cases of minor offenses between individuals when the injured party is fully reimbursed of all damages .
The stage of the proceedings the Prosecutor arises after the transfer of the case file by the investigating authorities. The prosecutor has the right to finish the job, if not suspect, if the case has been closed by the police on the basis of the evidence and made a request to the court to release the suspect. Otherwise, the prosecution and the prosecutor send the case to the Court.
The hearing before the Court. The court may dismiss the proceedings or continue the trial. Sentenced to confiscation of property, imposition of a fine, to resolve the detention, imprisonment or assign the death penalty. The defendant has the right to appeal for a hearing to the next level. The appellate court may revoke or confirm the decision of the Court of First Instance. After the offender appeals court to the Supreme Court. The Supreme Court decision is final.
Stage of punishment is the next after a conviction by the court. For the guilty party, as a means of punishment can be applied – a fine, confiscation of property, detention, community service, conditional punishment, imprisonment, execution.
Bale, Bail is a temporary release of the suspect or accused person is widely practiced in Thailand. The Court under the procedure accepts all the necessary documents. The size of the collateral depends on the severity of the offense and is regulated by the Provincial Police Bureau. As collateral used cash and assets such as land, bank accounts, deposits. Bailsman, bail guarantor makes a deposit (Bail bond, bail bond) and undertakes to submit to the Court the suspect (accused) on the day of the hearing. The Court refunds the deposit after the decision.
The suspect (defendant) has a right to a lawyer to represent him in criminal proceedings, as the judge hearing the case on the basis of testimony and other evidence. To communicate with a lawyer in private, make oral and written statements. In the absence of funds for a lawyer, the lawyer will be provided without charge.
Paperwork on civil cases
Regulated by the Civil Procedure Code of Thailand 1934 (2477) year. Civil lawsuits may be initiated by one or more person (individuals, businesses, government organizations), against one or more parties. An action may be taken into consideration by the Court of First Instance on the jurisdiction, according to the Head of the First, sections (Sections) 2-10, the Civil Procedure Code. After the decision of the Court of First Instance, the case can reconsidered by the Appeal and the Supreme Court of the Kingdom.
Legal support of your business LOKART INTERNATIONAL lawyers to avoid litigation and lawsuits!