Judicial System in Thailand

According to the Constitution of the Kingdom of Thailand B.E. 2560 (2017), there are four bodies exercising judicial powers: the Constitutional Court, the Administrative Court, the Military Court, and the Court of Justice. 

The Constitutional Court reviews the legality of any bill or law as well as verifies the qualifications of the members of the House of Representatives, senators and ministers. The Administrative Court hears cases about state contracts and disputes involving state agencies or state officials – whether it involves the issuance of rules, orders, actions or
the dereliction of their duties. The jurisdiction of the Military Court includes cases concerning disciplinary issues of the military officers and disputes between military officers under related military laws. The Court of Justice has the powers to try and adjudicate all cases except those specified by the Constitution or the law to be within the jurisdiction of other courts.

In the case of a dispute on the competent jurisdictions of the Court of Justice,
the Administrative Court, or the Military Court, a ruling shall be made by a committee consisting of the President of the Supreme Court as Chairperson, the President of the Supreme Administrative Court, the Chief of Military Judicial Office, and not more than four qualified persons as members.

 

The Court of Justice System

There are three tiers of courts under the Court of Justice: courts of first instance, appellate courts, and the Supreme Court.

1. COURTS OF FIRST INSTANCE

Courts of first instance include civil courts and criminal courts in Bangkok, provincial courts, kwaeng courts, and other courts prescribed by law as a court of first instance,
such as juvenile and family courts, the Central Bankruptcy Court, labour courts, criminal courts for corruption and misconduct cases, the Central Tax Court, and the Central Intellectual Property and International Trade Court.

1. Panel of Judges

In courts of first instance, except for cases falling within the competence of
a single judge, a case shall be tried and adjudicated by a panel comprising
two judges, except in kwaeng courts and in courts where the law establishing the court prescribes otherwise.

2.  Court Administration

In courts of first instance, a chief judge or chief justice is responsible for
the judicial affairs of the court. The director of the administrative office, under the chief judge or chief justice's supervision, is responsible for the administrative affairs of the court. Chief justice of a region oversees the administration of courts of first instance in the region, i.e. provincial courts, kwaeng courts, and juvenile and family courts.

1.3 Civil Cases

In civil cases, the plaintiff generally files a case with the court within
the jurisdiction of which the cause of action arises or the defendant has
a domicile. If the case involves immovable property, the plaintiff may file
a case with the court within the jurisdiction of which the property is situated or the defendant has a domicile.

In Bangkok, the courts of first instance handling civil cases include the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Min Buri Civil Court, Taling Chan Civil Court, and Phra Khanong Civil Court, as well as kwaeng courts, where the amount of the claim falls under the threshold for the jurisdiction of a kwaeng court. 

The Civil Court, Bangkok South Civil Court, Taling Chan Civil Court, Thon Buri Civil Court, Phra Khanong Civil Court, and Min Buri Civil Court have power to try and adjudicate all civil cases and any other cases not subject to the jurisdiction of other courts of justice.

In cases where a suit is filed with the Civil Court but the case arose outside
its territorial jurisdiction, the Civil Court may exercise its discretion to accept
the case for trial and adjudication or order a transfer of the case to another competent court, for example, for online sale transaction cases and environmental cases.

1.4 Criminal Cases

In matters pertaining to criminal cases, the court in a district where
the offense has been committed, alleged, or believed to have been committed, or where the accused resides or was arrested, or where the inquiry official conducts an inquiry, holds jurisdiction over the cases.

In Bangkok, the primary courts dealing with criminal cases include the Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, Min Buri Criminal Court, Taling Chan Criminal Court, and Phra Khanong Criminal Court, as well as kwaeng courts, where the prescribed punishment for the offense is under the threshold for the jurisdiction of a kwaeng court. 

The Criminal Court, Bangkok South Criminal Court, Taling Chan Criminal Court, Thon Buri Criminal Court, Phra Khanong Criminal Court, and Min Buri Criminal Court have power to try and adjudicate all criminal cases not subject to the jurisdiction of other courts of justice, including any other cases prescribed by the law to be subject to the jurisdiction of the courts having power to try and adjudicate criminal cases, as the case may be.

Additionally, in cases where a criminal suit is filed with the Criminal Court
but the case arose outside its territorial jurisdiction, the Criminal Court may exercise its discretion to accept the case for trial and adjudication or order
a transfer of the case to another competent court.

1.5 Kwaeng Courts

A kwaeng court has power to try and adjudicate cases, as well as to conduct inquiries or issue orders for which a single judge is competent,
as prescribed in Section 24 and Section 25 paragraph one of the Law
for the Organization of the Court of Justice. 

There are seven kwaeng courts in Bangkok: Bangkok North Kwaeng Court, Bangkok South Kwaeng Court, Thon Buri Kwaeng Court, Dusit Kwaeng Court, Pathumwan Kwaeng Court, Don Mueang Kwaeng Court, and Bang Bon Kwaeng Court. There are also kwaeng courts in some provincial areas such as Pattaya Kwaeng Court in Chon Buri Province and Wiang Pa Pao Kwaeng Court in Chiang Rai Province.

Criminal cases within the jurisdiction of kwaeng courts must involve offenses with a maximum punishment of three years imprisonment, a fine not exceeding 60,000 baht, or both. For civil cases, the amount of claim or the value of the property in dispute must not exceed 300,000 baht.

The primary function of kwaeng courts is to expedite the resolution of small cases with minimal formality and expense; therefore, the trial process is simplified, and oral judgments or summarized judgments may be issued.

1.6 Provincial Courts

Provincial courts are competent to try and adjudicate all civil and criminal matters not falling under the jurisdiction of other courts, such as kwaeng courts. 

To ensure that people in distant areas have physical access to justice,
some large provinces may have more than one provincial court. For example, in Nakhon Ratchasima Province, there are four provincial courts:
Nakhon Ratchasima Provincial Court, Sikhio Provincial Court, Bua Yai Provincial Court, and Phimai Provincial Court.

If a case falling within the jurisdiction of a kwaeng court is filed with a provincial court, the provincial court has discretion regarding whether to accept the case or transfer it to the competent kwaeng court.

1.7 Juvenile and Family Courts

Juvenile and family courts are specialized courts, encompassing the Central Juvenile and Family Court, provincial juvenile and family courts, and provincial courts with juvenile and family divisions.  A panel in a juvenile and family court consists of two professional judges and two lay judges, with one of them required to be a woman. Appeals against judgments or orders of juvenile and family courts are to be submitted to the Court of Appeal for Specialized Cases.

Given the current independence of the Court of Justice from the Ministry
of Justice, while the Department of Juvenile Observation and Protection operates under the Ministry of Justice, it is imperative to enhance the legislation governing the establishment and procedures of the juvenile and family court. This refinement is necessary to align with the powers, duties, and the evolving structure.

Furthermore, it is appropriate to improve provisions concerning
the protection of rights, welfare, and practices for children, women, and family members, as well as the procedures of the juvenile and family court,
in conformity with the Constitution, the Convention on the Rights of the Child, and the Convention on the Elimination of All Forms of Discrimination against Women. Consequently, the Juvenile and Family Court and Procedure Act B.E. 2553 (2010) was enacted.

1.8 Other Specialized Courts

In addition to the juvenile and family court, there are four other specialized courts in Thailand: the tax court, intellectual property and international trade court, bankruptcy court, and labour court.

The establishment of these specialized courts aims to ensure that specific or technical issues are addressed by appropriately knowledgeable adjudicators. Judges for specialized courts are appointed from those who possess competent knowledge in their respective areas.

The panels of judges in the intellectual property and international trade court and the labour court consist of both professional judges and lay judges. Lay judges, recruited separately, work in collaboration with professional judges to adjudicate cases.

It is important to note that, currently, there is only one court for each of
the intellectual property and international trade court, tax court, and bankruptcy court, all located in Bangkok. These are namely the Central Intellectual Property and International Trade Court, the Central Tax Court, and the Central Bankruptcy Court. However, there are the Central Labour Court in Bangkok and regional labour courts situated in nine regions across Thailand.

Appeals against judgments or orders from the aforementioned specialized courts shall be submitted to the Court of Appeal for Specialized Cases.

1.9 The Criminal Courts for Corruption and Misconduct Cases

Criminal courts for corruption and misconduct cases consist of
the Central Criminal Court for Corruption and Misconduct Cases in Bangkok and nine regional criminal courts for corruption and misconduct cases. They were established under the Act Establishing the Criminal Court for Corruption and Misconduct Cases B.E. 2559 (2016), with the aim of dedicating specific courts to misconduct cases, expanding corruption case prosecution to the private sector and lower levels of government officials, and expediting the adjudication of corruption cases.

The hierarchy of a criminal court for corruption and misconduct cases is equivalent to a court of first instance. Its responsibility is to try and adjudicate corruption and misconduct cases against government officials, as well as against other persons, whether as a principal, instigator, or accomplice.

Appeals against judgments or orders from criminal courts for corruption and misconduct cases shall be submitted to the Corruption and Misconduct Case Division of the Court of Appeal.

 

2. APPELLATE COURTS

The appellate courts in Thailand comprise the Court of Appeal, the Court of Appeal for Specialized Cases, both located in Bangkok, and regional courts of appeal situated in nine regions across the country. These appellate courts handle appeals against judgments or orders from the courts of first instance.

In accordance with Section 226 paragraph six of the Constitution of the Kingdom of Thailand B.E. 2560 (2017) and the Election of Members of Local Assemblies or Local Administrators Act B.E. 2562 (2019), the Court of Appeal and the regional courts of appeal are empowered to try and adjudicate cases concerning the revocation of the right to candidacy in an election or the revocation of the right to vote, particularly related to the election of members of local assemblies and local administrators.

It is important to note that an appeal against a judgment of a provincial court is not necessarily submitted to the regional courts of appeal in the same region where
the provincial court is situated. In determining the competent appellate court, the relevant laws governing that particular matter should be considered. For example, an appeal against a judgment in a narcotics case rendered by Phuket Provincial Court shall be submitted to the Narcotics Case Division of the Court of Appeal, rather than the Court of Appeal, Region VIII.

Each appellate court is led by a president, assisted by vice presidents. A panel in the appellate court is formed by at least three justices.

Each appellate court includes a research division comprising research justices and judges. The primary function of this division is to assist appellate justices by examining
all relevant factual and legal issues of the cases, conducting legal research, and consulting with appellate justices to ensure uniformity and fair results.

3. THE SUPREME COURT

The Supreme Court is composed of the President, a maximum of six Vice Presidents, the Secretary, and Supreme Court Justices. A panel in the Supreme Court is formed
by at least three justices. The President of the Supreme Court holds the position of
the head of the Court of Justice, sitting at the pinnacle in both judicial and administrative structures. Similar to the appellate courts, the Supreme Court features a research division consisting of research justices and judges. 

The Supreme Court has the power to hear and adjudicate cases specified
by the Constitution or the law to be submitted directly to it. It also hears and adjudicates appeals against judgments or orders from the courts of first instance and appellate courts as prescribed by the law. In cases where the Court, subject to regulations set by the plenary session, deems the legal or factual issues raised in the appeal to be insignificant for consideration, it may reject such cases.

Following the enactment of the Civil Procedure Code Amendment Act (No. 27)
B.E. 2558 (2015), effective from November 8, B.E. 2558 (2015), the process of submitting civil appeals to the Supreme Court has transitioned from a right-based system
to a permission-based system. The Supreme Court has the power to assess whether
the appeal submitted to it (dika appeal) deserves a permission to be adjudicated.
In the event that the Court denies permission for the dika appeal, the judgment or order issued by the appellate court becomes final.

3.1 The Plenary Session of the Supreme Court

The Supreme Court may convene in a plenary session to decide cases of exceptional importance or those requiring reconsideration or overruling of
its own precedents. The quorum for the plenary session is no less than half of the total number of justices in the Supreme Court.

In 2019, Rules on Legislative Drafting and Evaluation of the Outcomes of Law Act B.E. 2562 (2019) was instituted with the aim of alleviating the undue burdens imposed by legislation on individuals and fostering a system where the efficacy of laws is continuously monitored and refined in line with evolving social and economic dynamics.

In the case where a court of justice is obligated to apply a provision of law that would result in a detrimental impact upon the person who has failed to comply with it, if there is an opinion of the court or a party that such legal provision is inconsistent with Section 5 paragraph one of the Act; it is no longer necessary or unsuitable to the circumstances, or constitutes an obstacle to livelihoods or engagement in occupations, the matter may be submitted to the plenary session of the Supreme Court for decision.

If the plenary session decides that the said legal provision is inconsistent with Section 5 paragraph one, the court may either decide against imposing
the penalty or impose a lesser penalty or enforcement than prescribed in
the law. The conclusion that such legal provision is inconsistent with Section 5 paragraph one shall apply to all cases that the Court of Justice has
the jurisdiction to adjudicate. In this regard, the person who is in charge of
the execution of the law shall undertake necessary steps to make the provision consistent with Section 5 paragraph one without delay.

3.2 The Criminal Division for Persons Holding Political Positions

The Criminal Division for Persons Holding Political Positions was established in the Supreme Court to serve as a trial court for cases involving accusations against the Prime Minister, a minister, member of the House of Representatives, senator, or other individuals holding a political position. These accusations may include amassing unusual wealth, committing malfeasance in office according to the Criminal Code, performing duties dishonestly, or engaging in corruption under other laws.

During the trial, a member of the House of Representatives or a senator is unable to claim the immunity provided in the Constitution. The Criminal Division for Persons Holding Political Positions relies on the inquiry case file
of the National Anti-Corruption Commission and may conduct further inquiry to gather additional facts and evidence as it deems appropriate, following
the procedure outlined in the Organic Act on Criminal Procedure for Persons Holding Political Positions B.E. 2560 (2017). The judgment becomes final unless an appeal is permitted by the plenary session of the Supreme Court.

The panel of this special division consists of nine justices, each holding
a position not lower than Justice of the Supreme Court or Senior Justice of
the Supreme Court. Members of the panel are elected by a plenary session of the Supreme Court on a case by case basis.

The judgment of a case under this Division is reached by a majority vote; each member of the panel prepares a written opinion and makes an oral statement in the meeting before reaching a decision. The decisions or judgments of the Division shall be published in the Royal Gazette.

3.3 The Revocation of Electoral Rights

According the Section 226 paragraph one of the Constitution, if there appears evidence to reasonably believe that a candidate of an election or selection has committed a dishonest act in the election or selection or has connived at such act of other persons, the Election Commission shall submit a petition to the Supreme Court for an order to revoke the right to candidacy in an election or the right to vote.

3.4 Serious Contravention or Non-Compliance with the Ethical Standards Cases

In the case where there is reasonable ground to suspect or there is
an accusation that any person holding certain positions as provided in Section 235 paragraph one of the Constitution is involved in the case of serious contravention or non-compliance with the ethical standards, the National Anti-Corruption Commission may directly submit the matter to the Supreme Court for decision. The accused person, if convicted, shall be removed from office and the Court shall revoke the right to candidacy in an election of such person and may or may not revoke his or her right to vote for a period of not more than ten years, as prescribed in Section 235 paragraph three.