The legal system in Thailand can be challenging for foreigners who are facing court litigation. But a competent lawyer can prevent surprises by keeping clients informed of what to expect at every stage.
As a civil law jurisdiction, Thai courts are largely guided by previous Supreme Court decisions when adjudicating cases. The absence of a jury system gives judges greater discretion in determining the guilt or innocence of defendants.
Facing criminal charges in Thailand can be a daunting experience. There may be a lot more to the case than is immediately obvious, and you don’t want to look back years from now and wish you had done things differently. That is why it is so important to work with a competent and knowledgeable criminal lawyer.
A criminal lawyer can ensure that your rights are protected from the moment you start working with him or her, and that you have a clear understanding of all aspects of the process. They can also help you avoid surprises along the way, which could have a detrimental impact on the outcome of the trial.
The right attorney can also help you prepare for a potential trial and provide you with advice about alternative dispute resolution methods like mediation and arbitration. This can save you time and money in the long run, especially if your case requires a lengthy trial period.
It is also important to choose a criminal lawyer who speaks your language fluently and has a deep understanding of Thai laws and customs. They should also be experienced in the type of case you’re facing, and have a track record of success representing clients in similar cases. Many embassies maintain lists of recommended criminal attorneys who meet these criteria.
The Thai judiciary functions independently from the executive branch and is largely free of political influence. This ensures that cases are handled fairly and in accordance with the law, avoiding any bias in their adjudications. Judges are also required to follow a code of ethics that sets out guidelines for maintaining impartiality, and there are consequences for violations.
The legal system in Thailand focuses on providing equitable justice to all individuals, including foreign nationals. This is accomplished through a variety of methods, including mandatory mediation for civil and criminal cases, the establishment of specialized courts to handle specific types of cases, and an emphasis on alternative Thailand dispute resolution.
In general, the judicial system in Thailand operates on an adversarial basis, meaning that each party has the right to present evidence and rebut opposing evidence during trial hearings. Judges have discretion to question witnesses during the examination of evidence, and they will usually consider the testimony of each witness before determining guilt or innocence.
As a result, trial hearings often take place over a period of time and can last up to several years before final judgment is delivered. However, the Supreme Court (or Dika court) has taken steps to improve efficiency and reduce case handling times through a number of measures, including the establishment of new divisions and courts, the introduction of an e-Hearing system for witness examinations, and the commitment to promote mediation as a means of resolving disputes without lengthy trials.
In Thailand, defamation is a criminal offense. A person commits the offense when they communicate false statements that damage a third party’s reputation. The penalty for this crime is imprisonment and a fine. The defendant must also compensate the victim for their losses. Defamation can be committed by written, verbal or other forms of communication. It is important to remember that it does not matter if the statement is true or false, as long as it damages someone’s reputation. It is also important to note that it is illegal to use the Internet to defame anyone.
Many nations in Southeast Asia have criminal defamation laws. However, in Thailand, the government and private citizens use these laws more aggressively than elsewhere. This makes it difficult to defend yourself if you’re being sued for defamation.
The country’s criminal defamation law is based on the provisions of Section 326 of the Penal Code. Under the section, whoever publishes or communicates a statement that is likely to cause injury to another’s credit and reputation can be punished by imprisonment not exceeding one year or a fine of up to 20,000 baht.
The country’s Computer Crime Act carries even more draconian penalties. Although the law contains provisions to prevent vexatious litigation, judges have failed to consistently apply these rules. Experts speculate that the reason for this is a culture in which people place more value on protecting their reputations than on freedom of expression.
Whether you are in the midst of a legal battle or have merely fallen afoul of the law, the right approach can make all the difference. Having a firm grasp of how the Thai criminal justice system functions can help you address matters quickly and effectively.
Civil cases in Thailand can involve a broad spectrum of issues, from personal injuries to contractual disputes. One of the more important aspects of Thailand’s judicial system is its emphasis on resolving disputes through mediation rather than proceeding straight to a trial. This can save time, reduce costs and lessen the emotional strain that often accompanies litigation.
The Court of Justice handles all civil cases unless they fall within the scope of jurisdiction of more specialised courts, such as the Central Labour Court, Central Bankruptcy Court or the Central Intellectual Property and International Trade Court. In the event that a case involves a foreign defendant, service of process may be done via international courier or through diplomatic channels, depending on the specifications of any applicable bilateral treaty between Thailand and the defendant’s country of origin.
If you find yourself in trouble with the Thai criminal justice system, it is essential to take a proactive approach and seek out the services of an experienced criminal lawyer as soon as possible. The longer you wait, the more difficult it will be to mount a strong defence.