Litigation in Thailand is a long and time-consuming process. To address this challenge, the Act on Timeframe for Judicial Proceedings was enacted in October 2022 and came into force on 23 January 2023.
Under Thai law, civil cases must be filed in the court in the district where the cause of action arises or where the defendant resides. Criminal and Civil Cases are heard by the central and nine regional courts of appeal before being transferred to Supreme Court.
Courts of First Instance
In Thailand, the courts are independent and operate under the judicial system established by the Constitution. The judicial system is primarily based on civil law, with the exception of some criminal and family related matters which are dealt with by specialized courts.
The Court of First Instance deals with all kinds of civil cases not deemed to be within the jurisdiction of a specialized court. The Supreme (Dika) Court exercises exclusive appellate powers on issues concerning facts raised by parties in appeals against judgments or orders of the Courts of First Instance and the Courts of Appeal Regions I – IX, provided that the Dika court deems it appropriate to re-hear the case.
Like in other jurisdictions, litigation proceedings in Thailand can be lengthy and unpredictable. An experienced local lawyer will be able to work the process to their client’s advantage and anticipate the strategies of opposing counsel. A good local attorney will also be able to provide clear information on the timeframe of a case and provide a realistic expectation of what can be expected at each stage.
Courts of Appeal
The courts in Thailand are very busy and often cases take a long time to be heard. This can create delays and frustrations for both local and foreign defendants. A skilled and seasoned criminal defense lawyer can prevent surprises during the process by keeping the client informed and by working the case to the client’s advantage.
In general, complaints against a defendant are filed with the police or directly to the court. The court then holds a preliminary “investigative” hearing to determine whether the case has merit.
There are 4 specialized courts for cases that involve specific legal issues – the Central Labour Court, Central Intellectual Property and International Trade Court, the Central Tax Court and the Central Bankruptcy Court. These courts are courts of first instance, and appeals from these go to the Supreme Court. The Supreme Court is the highest court of the country. It hears cases regarding constitutionality of laws and other high-level matters.
Courts of Juvenile and Family Courts
The Courts of Juvenile and Family Courts are a part of the Thailand legal system. These courts deal with children’s cases including criminal and civil matters. There is the Central Juvenile and Family Court and 8 provincial Juvenile and Family Courts. They have two career judges and one lay judge (at least one of whom must be a woman) to form a quorum. Appeals against the judgments and orders of these courts are filed with the Courts of Appeal for Specialized Cases.
The Convention on the Rights of the Child stipulates that children should not be condemned to imprisonment and should be treated in a way that is consistent with their age and their desire for reintegration into society and social welfare protection. This is why the Thailand judicial system has established procedures that aim to reduce prison sentences for young offenders. In some cases, juveniles may be sent to Observation and Protection Centres for their own protection.
Courts of Military Court
Although Thailand is not a common law jurisdiction, decisions made by higher courts have significant influence on lower courts. In addition, most courts of first instance in Bangkok and the provinces have three professional judges who hear cases and decide them based on evidence presented by the prosecution and defence.
Since the coup in 2014, civilians have been prosecuted in military courts for perceived public slights to members of the royal family or for criticizing the junta. These trials have been condemned by human rights groups and others, both in Thailand and abroad. The ALRC calls on the Government of Thailand to transfer all pending civilian cases from military courts to civilian courts, and to set aside the convictions of those who have been tried in these courts. The ALRC also urges the Government of Thailand to ensure that all citizens have access to a court system that is fair and impartial. This information is intended to help you understand how the Thai judicial system works. However, it is not a substitute for legal advice.