Litigation in Thailand

Litigation in Thailand is a formal process for resolving legal disputes through the court system. It is governed by the Civil Procedure Code (CPC) for civil cases and the Criminal Procedure Code (CrPC) for criminal cases. The Thai court system follows a civil law tradition, where judges play an active role in the fact-finding process, and trials are conducted without juries.

This article provides a detailed analysis of litigation in Thailand, covering the types of courts, procedural stages, evidence rules, judgment enforcement, and practical considerations.

II. Legal Basis for Litigation in Thailand

A. Governing Laws

• Civil Procedure Code (CPC): Governs the process of resolving civil disputes.

• Criminal Procedure Code (CrPC): Governs criminal prosecution and defense.

• Act on the Establishment of and Procedure for Courts of Justice B.E. 2543 (2000): Defines the court hierarchy and jurisdiction.

• Constitution of the Kingdom of Thailand (2017): Guarantees the right to a fair trial and due process.

• Special Procedural Acts:

  • Bankruptcy Act B.E. 2483 (1940): Governs insolvency proceedings.

  • Labour Court Procedure Act B.E. 2522 (1979): Regulates employment disputes.

  • Consumer Case Procedure Act B.E. 2551 (2008): Provides a simplified process for consumer disputes.

B. Judicial Authority

• The court system is administered by the Office of the Judiciary, an independent branch of the government.

• Judges are appointed based on merit and serve until retirement, ensuring judicial independence.

III. Structure of the Thai Court System

A. Courts of First Instance

1. Civil Courts: Handle general civil and commercial disputes (Bangkok Civil Court, Provincial Civil Courts).

2. Criminal Courts: Handle criminal offenses, from misdemeanors to serious felonies.

3. Provincial Courts: Handle both civil and criminal cases in provinces outside Bangkok.

4. Specialized Courts:

   • Labour Court: Deals with employment disputes and wrongful termination cases.

   • Tax Court: Hears tax assessment and duty disputes.

   • Bankruptcy Court: Manages insolvency and debt restructuring cases.

   • Intellectual Property and International Trade Court (IP&IT Court): Handles IP disputes and international trade issues.

   • Juvenile and Family Court: Deals with family law cases, including divorce, custody, and juvenile offenses.

B. Courts of Appeal

• Regional appeal courts review decisions from the Courts of First Instance.

• Appeals may be based on questions of law, fact, or both.

C. Supreme Court (Dika Court)

• The highest court in Thailand, hearing final appeals.

• Primarily considers questions of law, except in special cases of national importance.

D. Administrative Court

• Separate from the civil/criminal hierarchy.

• Handles disputes involving government agencies, officials, and administrative decisions.

IV. Civil Litigation: Step-by-Step Process

A. Filing a Complaint

• The plaintiff files a plaint (complaint) at the court with jurisdiction over the case.

• The complaint must include:

  • Names and addresses of parties.

  • Clear statement of facts and legal grounds.

  • Remedy sought (e.g., damages, injunction).

B. Service of Summons

• The court issues a summons to the defendant.

• Defendants must respond within 15 days (30 days if abroad).

C. Preliminary Hearing

• The court may conduct a preliminary hearing to clarify the issues.

• Attempts are made to settle the case through mediation.

D. Trial

• Both parties present evidence, including:

  • Documentary Evidence: Contracts, letters, invoices.

  • Witness Testimony: Both oral and written statements.

  • Expert Witnesses: Testimony from specialists in relevant fields.

• The court actively questions witnesses (judge-centric trial).

E. Judgment

• The court issues a written judgment, explaining the facts, legal reasoning, and remedy.

• Judgments may include:

  • Payment of damages.

  • Specific performance (compelling one party to perform an obligation).

  • Injunction (preventing one party from taking specific actions).

F. Appeal

• Either party may appeal within 30 days of the judgment.

• Appeals are filed with the Court of Appeal.

V. Criminal Litigation: Key Procedures

A. Initiation of Criminal Action

• Criminal cases begin with:

  • Police Investigation: Evidence gathering and suspect identification.

  • Public Prosecution: Filing of criminal charges by the public prosecutor.

  • Private Complaint: Victims may directly file a complaint with the court.

B. Preliminary Examination (Section 162 CrPC)

• The court reviews whether there is sufficient evidence to proceed.

• Cases lacking sufficient evidence are dismissed.

C. Trial Process

• The prosecution presents evidence first, followed by the defense.

• The accused has the right to:

  • Cross-examine prosecution witnesses.

  • Present evidence in their defense.

  • Testify on their own behalf.

D. Standard of Proof

• Beyond a Reasonable Doubt: Required for conviction.

• Lesser evidence standards are not accepted.

E. Judgment and Sentencing

• The court may impose:

  • Imprisonment (fixed term or life).

  • Fines.

  • Probation or community service.

• Convictions may be appealed within 30 days.

VI. Evidence Rules in Thai Courts

A. Admissibility of Evidence

• Evidence must be:

  • Relevant: Directly related to the issues in dispute.

  • Material: Capable of affecting the outcome.

  • Legally Obtained: Collected without violating rights.

B. Types of Evidence

1. Documentary Evidence:

   • Contracts, letters, emails.

   • Must be in Thai language or accompanied by an official Thai translation.

2. Oral Testimony:

   • Witnesses testify under oath.

   • Testimony is recorded and may be challenged on cross-examination.

3. Physical Evidence:

   • Real objects (weapons, property).

4. Expert Testimony:

   • Provided by qualified professionals in specialized fields.

C. Exclusion of Illegally Obtained Evidence

• Evidence obtained through illegal means (e.g., unauthorized wiretapping) may be excluded.

VII. Judgment Enforcement

A. Civil Judgment Enforcement

• The winning party may apply for a writ of execution.

• Methods of enforcement include:

  • Seizure and sale of property.

  • Garnishment of wages or bank accounts.

  • Property liens.

B. Criminal Judgment Enforcement

• Fines and imprisonment are enforced by the police and correctional authorities.

• Probation may be supervised by the Probation Department.

C. Foreign Judgment Enforcement

• Foreign judgments are not automatically enforceable in Thailand.

• The winning party must file a new lawsuit using the foreign judgment as evidence.

VIII. Alternative Dispute Resolution (ADR)

A. Court-Annexed Mediation

• Mediation is available at the preliminary stage of most civil cases.

• Agreements reached through mediation are enforceable as court orders.

B. Arbitration

• Governed by the Arbitration Act B.E. 2545 (2002).

• Awards are enforceable under the New York Convention.

C. Conciliation

• A less formal process where a neutral party facilitates settlement discussions.

IX. Practical Considerations for Foreign Litigants

• All proceedings are conducted in Thai language.

• Foreigners must be represented by licensed Thai lawyers.

• Notarization and consular legalization are required for foreign documents.

• Understanding local court procedures and evidentiary rules is critical.

X. Conclusion

Litigation in Thailand is a structured, statute-driven process where judges play an active role in case management. Understanding the procedural rules, evidentiary requirements, and enforcement mechanisms is essential for successful litigation.