Thailand’s judicial system places emphasis on mediation to resolve disputes without the need for a full trial. This approach reduces legal expenses and minimises emotional stress for parties involved in the case.
Civil cases are based on codified statutes while criminal law is based on judicial interpretation. This can make the judicial process more complicated for individuals unfamiliar with Thailand’s legal system.
Adversarial Courtroom Procedures
The Thai judicial system is an adversarial one, meaning parties are expected to present their own evidence and rebut that of the opposing party. During hearings, the court plays an active role in case management, including deciding procedural matters as well as examining and questioning witnesses.
The country has a range of criminal penalties, including imprisonment and confinement, which vary by offense. The maximum punishment for some offenses, such as murder or robbery, is death. For other crimes, such as drug trafficking or terrorism, the court may impose imprisonment of varying durations, depending on the severity of the crime and the circumstances of the offender.
In some cases, the courts require both sides to participate in mandatory mediation sessions before trial. This is common in labour disputes, and it also happens in civil cases.
If a plaintiff wins a judgment, the court can order the defendant to pay their legal fees and expenses. However, substantial legal fee awards are rare and typically only a small portion of actual fees can be recovered. The country has an established system for determining power of attorney Thailand remuneration based on a statutory schedule and the complexity or simplicity of a case. The judge considers the time spent and the work performed by the lawyer when calculating the amount of legal fees to award.
e-Hearing System for Witness Examinations
Whether they face criminal litigation due to an alleged violation of Thailand’s lawful business conduct requirements or are subject to prosecution for other reasons, companies operating in the country should understand how the justice system operates. This includes not only how hearings are conducted, but also what the penalties are and how to best defend against such charges.
A key aspect of the Thai judicial system is the obligation of judges to operate independently and impartially throughout the adjudication process. There are laws that prohibit judges from participating in a case when they have a vested interest or relationship with a party to the case, and there is a code of ethics that establishes guidelines for maintaining impartiality, with disciplinary consequences for any violations.
However, the heavy volume of cases and limited capacity of judges and court officials can result in delays in resolving disputes. Fortunately, the use of technology has made it possible for witnesses who are in prison or abroad to testify via video conference. This enables direct, cross-examination and re-direct examination to take place without the expense and delay associated with bringing the witness to court in person.
The e-hearing system allows parties to submit lists of witnesses to be called and evidence that will be presented in the case. In addition, both parties can agree to allow a witness to present a written statement (similar to an affidavit) instead of appearing in person for direct or cross-examination.
Balance of Power in the Judiciary
A core principle of the Thai legal system is judicial independence, which is protected through numerous laws and a code of ethics. Judges must remain impartial during trial and adjudication, adhere to the Constitution and laws, and ensure swift and fair proceedings without bias. They are also prohibited from being related to parties or having any vested interest in a case, and they are required to disclose any conflicts of interest.
However, despite this strong balance of powers, courts have come under increasing scrutiny for their bold judicial interventions in political cases. This new judicial activism stems primarily from the additional powers — many of which are ancillary — granted to judges by the interim and later the royalist military juntas.
Moreover, the heightened judicial activism is also a result of a broader structural context. Many of these auxiliary powers allow judges to intervene in core political matters, such as electoral disputes and broader public policy choices.
In these instances, the judiciary is not exercising a check and balance on the executive. The constitutional institutions that are supposed to provide checks and balances on the executive — such as the courts, Ombudsman, and Election Commission — have become more and more politicized.
Additionally, the kwaeng courts (specialist courts that hear criminal cases where the prescribed punishment is less than 30 years) have been used as a means of targeting opponents of the current ruling regime. These judicial interventions suggest that the judicial system in Thailand is largely being influenced by elite interests, rather than through democratic governance processes. This calls for closer theoretical attention to the broader contextual factors that influence court empowerment, such as the history of elite settlements and structures, informal power centers such as the monarchy, and ideological attitudes towards democracy.
No Jury System
The Thai criminal justice system operates under a civil law framework. This means that it is up to the judge to decide a defendant’s guilt or innocence in accordance with laws outlined in the Penal Code and other specific statutes. Criminal prosecution begins when a person submits a complaint to the police or to a court. Depending on the offense, the suspect may be held without official charges for up to 48 hours and bail is rarely granted in Thailand. The country has the death penalty, which can be imposed on individuals convicted of serious crimes such as murder and drug trafficking.
If you have been arrested or charged with a crime in Thailand, you will be given access to legal assistance and trial evidence. You also have the right to private meetings with your attorney and to examine the evidence presented in court. Whether or not you are released on bail will depend on the severity of the crime and your age at the time of the arrest.
All court proceedings are conducted in the Thai language, and a translator must be present to ensure that you understand what is happening. If you wish to appeal a decision, the Court of Appeals (Thai: saaluththrn) and the Supreme Court (Thai: Dika court, saaldiikaa) have jurisdiction over appeals against decisions made by the Court of First Instance. There are also four specialized courts that deal with intellectual property, labor, tax and bankruptcy issues, each headed by a career judge.