The criminal justice system in Thailand can be difficult to navigate for foreign defendants. Global Affairs Canada cannot protect you from the consequences of breaking local laws abroad or override the decision-making process by the Thai judiciary.

If you are facing criminal charges in Thailand, it is important to hire a competent and reputable criminal lawyer who can effectively represent you. Embassies often maintain lists of recommended lawyers who are proficient in your language and understand the unique challenges that foreigners face.

The Thai Judicial System

In the Thai system, all cases must be initiated in a Court of First Instance. The Courts of Justice are divided into three levels: the Supreme Court, the Courts of Appeal and the Courts of First Instance. Court procedures generally begin with the plaintiff filing a lawsuit. The court then schedules proceedings for witnesses to testify on the case. After witness hearings have been completed, a judgment date is set.

The judicial system in Thailand is largely adversarial, although the courts also operate under an inquisitorial model in certain cases. For example, there are specialized courts for corruption and misconduct, which function under an inquisitorial model. These specialized courts were established under the Act Establishing Specialized Courts for Corruption and Misconduct Cases B.E. 2559 (2016) to expedite the adjudication of such cases.

Judges in Thailand must follow strict guidelines for maintaining a high level of impartiality and independence as stipulated by the Constitution. Judges must also adhere to a code of ethics and face disciplinary action for any violations of this law.

The jurisdiction for civil cases involving immovable property is based on the location where the cause of action arises or the defendant resides. However, the courts have the power to transfer cases from lower levels of court to higher-level courts if they have territorial jurisdiction over them. It is also common for judges to conduct hearings via video conference for witnesses that are located outside the courtroom or abroad, in order to support judicial efficiency and improve access to justice.

Case Management

The judicial process in Thailand is known for being lengthy, creating uncertainty and inconvenience for businesses and individuals. This is why the government has introduced the Timeframe for Judicial Proceedings Act, B.E. 2566 (2023), which sets clear timeframes for each stage of a case in the Court of Justice.

The Thai judicial system is adversarial, meaning that opposing advocates represent their clients’ cases before a judge. However, a few courts—including the Administrative Court, Labor Court and Constitutional Court—operate under an inquisitorial model.

At the investigative hearing, the court will examine whether the case has merit and is eligible to continue for a trial. The judge will also question witnesses. If the court finds that there is sufficient evidence to proceed with the case, it will issue a summons to the defendant.

In criminal cases, the plaintiff can choose to bypass police and file a private prosecution directly with the court. The Court of Justice will then hold a preliminary “investigative” hearing to determine whether the complaint has merit and should be accepted for a full trial. If the court rejects the complaint, it will dismiss the case. In civil cases, the plaintiff can opt to participate in mediation before filing a complaint. If no resolution is reached through mediation, a court will schedule hearings to determine the issues for trial and set witness hearing dates.

Preliminary Hearings

When a person bypasses the police and prosecutor to bring a criminal case against another individual directly to the courts, Thai law requires that the court conduct a preliminary “investigative” hearing to determine whether there are grounds for prosecution. The court may dismiss the case if it is of the opinion that there are no grounds for a trial.

In a civil matter, the court can also encourage parties to resolve the case through court-supervised mediation. If no resolution can be found through mediation, the judge will schedule proceedings to identify and resolve issues in dispute, as well as set dates for witness hearings where both parties can present their evidence.

A judge will then consider all the evidence presented at these hearings and determine if the case should continue to trial or be dismissed. It is important to have a skilled and seasoned lawyer to prepare your defence, so you can prevent surprises and put yourself in the best position to protect your interests.

The use of technology in the courtroom is becoming increasingly common in Thailand, with many judges allowing witnesses to testify via video conference. This has proven to be efficient and is particularly useful when witnesses are outside the country or cannot attend in person. In addition, the judicial system has implemented a number of online platforms to allow for quicker and easier submissions of claims and pleadings.

Trials

As in other common law jurisdictions, trials are conducted by judges and not juries. It is the responsibility of a judge to decide whether the defendant committed the crime and, in the case of a guilty verdict, to determine sentencing. A judge is also responsible for ensuring that the case is considered and adjudicated properly, including that the evidence has been properly presented.

In Thailand, a trial court must follow certain rules when presenting evidence. For example, witnesses must give their testimony in the Thai language and, if necessary, an interpreter must be provided. Also, the law stipulates that the investigator or prosecutor must provide a transcript of the witness’ statement to the defendant and any documents supporting it.

The basic laws that govern civil and criminal cases in Thailand are contained in the Civil and Commercial Code, Penal Code, and various official Acts. Other offenses that carry punishments are found in a number of additional legal codes and statutes, including the Computer Crime Act, which carries criminal penalties for activities such as theft of data and unauthorized access to a computer system.

As a signatory of the International Covenant on Civil and Political Rights, the Thai government is required to uphold basic fair trial rights for its citizens and visitors. However, the junta’s ongoing military trials of civilians and retention of unfettered police powers are contrary to international legal standards.