Litigation in Thailand

Litigation in Thailand is a formal legal process for resolving disputes through the Thai court system. It is governed by the Civil Procedure Code (CPC) for civil cases, the Criminal Procedure Code (CrPC) for criminal cases, and specialized procedural laws for certain types of disputes (e.g., labor, consumer, intellectual property). The Thai legal system follows a civil law tradition, where judges play an active role in fact-finding and decision-making.

This article provides a detailed analysis of litigation in Thailand, covering the court structure, procedural stages, rules of evidence, enforcement of judgments, and best practices for litigants.

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.

• Consumer Case Procedure Act B.E. 2551 (2008): Simplifies consumer litigation.

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

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

• Arbitration Act B.E. 2545 (2002): Provides a framework for arbitration as an alternative to litigation.

B. Key Legal Principles

• Right to a Fair Trial: Guaranteed by the Constitution of the Kingdom of Thailand (2017).

• Burden of Proof:

  • In civil cases: The plaintiff must prove their claim on the balance of probabilities.

  • In criminal cases: The prosecution must prove the defendant’s guilt beyond a reasonable doubt.

• Judge-Centric System: Thai courts do not use juries. Judges conduct the trial, question witnesses, and make findings of fact.

III. Structure of the Thai Court System

A. Courts of First Instance

• Civil Courts:

  • General jurisdiction over civil and commercial disputes.

  • Examples: Bangkok Civil Court, Provincial Civil Courts.

• Criminal Courts:

  • Jurisdiction over criminal offenses (misdemeanors, felonies).

  • Examples: Bangkok Criminal Court, Provincial Criminal Courts.

• Specialized Courts:

  • Labour Court: Resolves employment disputes.

  • Tax Court: Handles disputes over tax assessments and duties.

  • Bankruptcy Court: Manages insolvency and debt restructuring.

  • Intellectual Property and International Trade Court (IP&IT Court): Resolves IP disputes, international trade, and e-commerce cases.

  • Juvenile and Family Court: Deals with family law cases (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 cases of significant public interest.

D. Administrative Court

• Separate from the civil/criminal hierarchy.

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

IV. Civil Litigation in Thailand

A. Filing a Complaint

• The plaintiff submits a plaint (complaint) to the court with jurisdiction over the case.

• The complaint must include:

  • Names and addresses of parties.

  • Statement of facts.

  • Legal grounds for the claim.

  • Remedy sought (e.g., damages, specific performance).

B. Service of Summons

• The court issues a summons to the defendant.

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

C. Preliminary Hearing and Mediation

• The court may conduct a preliminary hearing to clarify issues and attempt mediation.

• If mediation fails, the case proceeds to trial.

D. Trial Procedure

• Evidence is presented by both parties:

  • Documentary Evidence: Contracts, letters, emails.

  • Witness Testimony: Oral evidence presented under oath.

  • Expert Witnesses: Specialized opinions (e.g., forensic experts).

• The judge may question witnesses directly.

E. Judgment

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

• Remedies may include:

  • Payment of damages.

  • Specific performance (fulfilling contractual obligations).

  • Injunction (prohibiting certain actions).

F. Appeal Process

• Either party may appeal the judgment within 30 days.

• Appeals are filed with the Court of Appeal, and further appeals may be taken to the Supreme Court.

V. Criminal Litigation in Thailand

A. Initiation of Criminal Action

• Criminal cases begin with:

  • Police Investigation: Gathering evidence and identifying suspects.

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

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

B. Preliminary Examination

• For serious offenses, the court conducts a preliminary examination to determine if there is sufficient evidence to proceed.

C. Trial Procedure

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

• The defendant has the right to:

  • Cross-examine prosecution witnesses.

  • Present defense witnesses.

  • Testify on their own behalf (optional).

• Standard of proof: Beyond a reasonable doubt.

D. Judgment and Sentencing

• If convicted, the defendant may be sentenced to:

  • Imprisonment (fixed term, life, or death penalty).

  • Fines.

  • Probation or community service.

E. Right to Appeal

• Convictions may be appealed to the Court of Appeal and Supreme Court.

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, invoices, letters, emails.

   • Must be in Thai language or officially translated.

2. Witness Testimony:

   • Witnesses testify under oath.

   • May be cross-examined by the opposing party.

3. Expert Evidence:

   • Provided by specialists (medical experts, forensic accountants).

4. Physical Evidence:

   • Tangible items (weapons, property).

5. Digital Evidence:

   • Social media posts, emails, CCTV footage.

C. Exclusion of Illegally Obtained Evidence

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

VII. Judgment Enforcement

A. Civil Judgment Enforcement

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

• Methods of enforcement:

  • Seizure and sale of property.

  • Garnishment of wages or bank accounts.

  • Placing liens on real estate.

B. Criminal Judgment Enforcement

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

• Probation may be monitored by the Probation Department.

C. Foreign Judgment Enforcement

• Foreign judgments are not automatically enforceable in Thailand.

• A new lawsuit must be filed using the foreign judgment as evidence.

VIII. Alternative Dispute Resolution (ADR)

A. Court-Annexed Mediation

• 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 court proceedings are conducted in Thai language.

• Foreign litigants must be represented by licensed Thai lawyers.

• Foreign documents must be notarized and officially translated.

• Costs of litigation include court fees, legal fees, and potential appeal costs.

X. Conclusion

Litigation in Thailand is a structured, statute-driven process that provides legal remedies for disputes in civil, criminal, and specialized matters. Understanding the procedural rules, evidentiary requirements, and appeal mechanisms is essential for successful litigation.