In Thailand, Civil and Criminal Laws play an important role in the resolution of disputes. While many disputes can be settled in an amicable manner, some must be pursued in court. In such cases, the party who has suffered injury is known as the ‘applicant’. He files a complaint with the court stating the nature of the injury, the relief sought, and the allegations. The other party is known as the ‘defendant’. The most common civil suits in Thailand involve disputes over breach of contract, divorce, and debt collections.
Thai Criminal Law
Thai criminal law litigation is conducted in three main stages: investigation, preliminary hearings, and trial. All stages are conducted in the Thai language. If the defendant or accused cannot speak Thai, an interpreter must be appointed. A judge will decide on the guilt or innocence of the accused and the sentencing. Unlike most western countries, the Thai legal system does not use juries to decide a case.
The prosecution must prove beyond a reasonable doubt that the accused was guilty. The suspect has the right to refuse to provide a statement unless a lawyer is present. The police may use your statement against you in court, so it is important to remain silent. The suspect has the right to prompt medical attention and reasonable contact with family members and friends and to have an attorney present during the criminal proceedings. The police will also have the right to question you and if necessary, you can refuse to answer questions.
The Thai government does not allow suspects to leave Thailand without a court order. However, suspects can apply for bail if they are facing a serious offense. They can do so by pledging collateral, such as cash, bank passbooks, and land title deeds. The police can also search the suspect’s foreign passport, but this is only done with a court order or warrant.
Thai Civil Law
Thai courts do not have a comprehensive discovery scheme, but there are some basic rules that govern the disclosure of evidence. The party taking the evidence must submit a list of documents within seven days before the hearing begins, and copies of those documents must be provided to the other party. The parties may also submit additional lists of evidence.
Hearings in civil cases can be held via video conference. The parties should ensure that the connection is stable. Only authorized parties can attend a videoconference. Electronically conducted hearings can also be attended by participants physically outside of Thailand with the court’s permission. Moreover, documents intended to be exhibited must be submitted electronically.
The courts in Thailand are divided into three tiers. The first tier is the Court of Appeals, while the second tier is the Supreme Court. The Supreme Court has jurisdiction over a wide range of cases. In addition to the Court of Appeals, there are numerous courts of the first instance in Bangkok. These include the Central Labour Court, the Central Tax Court, the Bankruptcy Court, and the Intellectual Property and International Trade Court.
Thai Family Law
Thai Family Law litigation often involves child custody disputes. These can arise between two married couples, or between two unmarried parents. The law in Thailand states that both parents are entitled to child custody. However, some parents are not always able to agree. The primary issue in custody disputes is whether the biological father is really the father. Although both parents are entitled to child custody in Thailand, legal paternity is a different issue from biological paternity. Therefore, it is difficult to prove legal fatherhood. The mother may also want to establish child support or other duties for the father.
The Thai Family Court will not consider religious differences in custody disputes. The court will only consider the best interests of the child. This means that the child’s religious beliefs will not have an impact on custody and support.