The Thai legal system is largely based on civil law. Judges use previous Supreme Court judgments as precedent references in adjudicating cases.
Criminal and civil lawsuits can have severe consequences for companies operating in Thailand. It is vital to have a lawyer that understands the local legal system and can work to protect your company from unnecessary exposure to these risks.
Criminal Law
The criminal law of Thailand covers a wide range of crimes, including larceny, fraud, sex offences, drug trafficking and possession. The basic provisions governing criminal law in Thailand can be found in the Penal Code and Criminal Procedure Code of Thailand.
Generally, criminal cases in Thailand are initiated through either police investigations or a complaint filed with the court. In either case, the public prosecutor is required to present evidence to prove that a defendant committed an offense.
There is no jury system in a Thai trial, and judges solely determine the guilt or innocence of litigants and the punishment if found guilty. If you are accused of a crime in Thailand, it is critical to have an experienced criminal lawyer by your side. Criminal cases are complex, and the Thai legal system differs from Western systems. It is best to work with a criminal attorney who understands the differences and can explain them to you.
Civil Law
In Thailand, a criminal case typically starts with a complaint from the police or public prosecutors. A judge will then conduct a preliminary “investigative” hearing to decide whether the case has merit and is worthy of proceeding to a trial.
If a judge finds that the case does have merit, they will then set a trial date. During this time, the defence and prosecution will present their cases to the court through attorneys.
The Thai legal system is statute-based, which gives judges a greater level of discretion than in common law countries. However, the absence of a jury system can be a significant challenge for foreign litigants.
Civil actions can involve any issue that falls under the jurisdiction of the courts, including property disputes, family matters, employment actions and debt collection. A skilled lawyer can guide you through the process and ensure that your rights are protected.
Mediation
While litigation is adversarial, mediation is non-adversarial and provides a more cooperative solution. It allows for greater flexibility in attaining a solution that is tailored to each party’s needs, and preserves relationships that might otherwise be destroyed through years of litigation.
Mediation is promoted by the Thai legal system and is available as an option at every level of the judicial process. Judges are empowered to conciliate cases, and can appoint any person or organisation as a mediator. The court-annexed mediation process, which is conducted while a case is pending in the courts, has been shown to significantly reduce court backlogs.
However, it is important that participants are mindful of the limits of mediation and come prepared to participate in discussions with open minds. In order to make the most of mediation, participants should be confident enough in their understanding of a dispute to remain flexible and open to options that may emerge during the mediation process.
Arbitration
Oftentimes a dispute can be resolved through arbitration, an alternative to resolving a civil conflict in court. Juslaws & Consult makes this process available to clients as part of our comprehensive range of services. Disputes suited to this method of Thailand dispute resolution include disputes over business agreements, sales contracts, insurance agreements, and many others.
The legal system in Thailand places a strong emphasis on settling cases outside of court. Normally, when a case is first filed, the courts will encourage the parties to attempt to reach an agreement through a process of court-supervised mediation. However, if the courts determine that compromise is unlikely, they will proceed with setting a date for a continuous trial focused on the merits of the case.
Moreover, as a member of the 1958 New York Convention on the Recognition and Enforcement of Arbitral Awards, Thailand allows its courts to enforce arbitral awards in accordance with international law. This is a milestone that shows the country’s commitment to being an arbitration-friendly jurisdiction.
