The judicial system in Thailand is a three-tier system that includes Courts of First Instance, the Court of Appeal, and the Supreme Court. It does not utilise juries.
Civil actions include labor disputes Thailand, business issues, and property matters. In some cases, courts may require mediation before proceeding to trial.
In the case of criminal offences, a judge determines guilt or innocence based on evidence presented by both parties. Defendants can appeal decisions to the Court of Appeal or the Supreme Court.
Torts
Tort law is an essential component of civil legal practice in Thailand. It addresses a wide range of scenarios where wrongful acts result in harm or injury to others. This includes a broad spectrum of accident-related situations and cases involving allegations of negligence, which must be carefully analyzed to ensure that evidence is substantial enough to support the claim.
For example, if someone negligently tosses a beer can and it hits you in the head, resulting in injuries, medical costs, and lost income, that person may be liable for those expenses under Thai tort law. However, it must be clearly documented that these expenses were the direct result of the wrongful act. Additionally, moral or punitive damages are rarely awarded in such cases.
In general, claims for compensation arising from torts must be filed within one year of the injury. However, there are exceptions to this rule for certain types of claims and where the wrongful act is subject to a longer statute of limitations. Thailand’s judiciary is continuously seeking to improve case handling efficiency. This includes initiatives such as the increased use of digital platforms for filing claims, submitting pleadings, and delivering documents.
Contracts
In Thailand, contracts are regulated by the Civil and Commercial Code (CCC). The CCC defines a contract as an agreement between parties encompassing an offer, acceptance, consideration, and a lawful purpose. It also requires that all parties participate in a mediation or negotiation process to resolve disputes arising from the contract.
A breach of contract can be proven through a variety of methods. Often, the parties can agree to a settlement that satisfies both parties and is in line with legal standards. In other cases, litigation is required.
During the litigation process, it is crucial to engage a law firm that is well-versed in Thai laws and procedures. The firm will provide guidance and representation throughout the proceedings, ensuring compliance with the law.
In addition, a law firm will be able to help with enforcement mechanisms, such as asset seizure and wage garnishment, if necessary. Breach of contract claims are relatively common in Thailand, so it’s important to have a firm on your side that is prepared to advocate for you in court. A law firm like Juslaws & Consult is ready to support you in these endeavours.
Damages
In Thailand, the law states that any person who willfully or negligently infringes upon another’s life, body, health, liberty, or property is obligated to compensate them for the harm caused. This is known as tort liability and can include wrongful death or bodily injury. The Court of Justice, consisting of the Supreme Court and several specialized courts, ensures that human rights are protected in all cases regardless of the location or nationality of the plaintiffs.
In the past, Thai courts only awarded compensatory damages, but recently they have begun to award punitive damages in addition to compensatory damages. This is to punish perpetrators and deter similar behavior in the future. However, proving that the damage was the direct result of the offender’s wrongful act can be challenging. Generally, the amount of compensation granted depends on the severity of the wrongful act committed by the offender and can vary between different types of civil cases. Moreover, the victim must prove that they suffered damages such as medical expenses and lost income. If the victim is unable to prove these costs, they will not receive compensation.
Costs
Many business disputes involve civil claims and criminal charges, which can have significant financial consequences. To mitigate costs, both sides may seek to obtain reimbursement from the opposing party for their legal fees and expenses. The amount awarded will be determined by the court based on a statutory schedule that sets minimum and maximum guidelines for lawyer remuneration.
As in most jurisdictions, the burden of proof in criminal cases is high. The plaintiff must prove beyond a reasonable doubt that the defendant committed the crime, and that they acted with intent and awareness of wrongdoing. The judge will then decide the case based on the evidence presented by the parties.
In Thailand, commercial contracts can stipulate an arbitration institute, and the law provides for a framework to enforce international arbitral awards. Thai courts also oversee governmental authorities through judicial review, which ensures that investigatory agencies and other government bodies exercise their regulatory powers in accordance with the law and principles of fairness. Moreover, mediation is a common practice in most areas of the country.
Jurisdiction
While the Supreme Court of Thailand does not prohibit third-party funding for litigation proceedings, it does consider this to be contrary to public policy and will be considered void in cases involving the interests of the public. The Supreme Court also states that a person who funds the legal action with the intention of making profit is likely to be subjected to criminal prosecution for contempt of court.
Cases in Thailand are heard by a general court of first instance (Thai: “dika”), the Court of Appeal (Thai: “saalchantn”) and specialized courts such as the Labor Court, Tax Court, Intellectual Property and International Trade Court and Bankruptcy Court. Specialized courts are presided over by career judges with expertise in their respective fields.
Court proceedings are held in the Thai language and any documents or evidence presented must be translated into Thai. The judiciary encourages parties to resolve their disputes through mediation prior to witness hearing dates in some cases such as labour and family and juvenile courts. However, in general civil cases, mediation is not mandatory by law.
