Your Essential Guide to Navigating Thailand’s Court System

Your Essential Guide to Navigating Thailand's Court System

Your Essential Guide to Navigating Thailand’s Court System

  • It is crucial for businesses and individuals in Thailand to have a thorough understanding of the hierarchical court system, comprising various levels handling civil, criminal, and administrative cases.
  • The Thai court system includes the Constitutional Court, Administrative Court, Military Court, and Courts of Justice, with three tiers: courts of first instance, appellate courts, and the Supreme Court.

 

As a business or individual in Thailand, it is critical to have a comprehensive understanding of the nature and structure of the court system in Thailand.

The court system in Thailand is characterized by its hierarchical setting, comprising of various levels of courts that handle numerous civil, criminal, and administrative cases in the country.

By developing an acute understanding of Thailand’s court system, you can better ensure that you can protect your personal and business interests.

In this article, WSR International experts provide a succinct overview of Thailand’s court system that is especially important for businesses aiming to operate efficiently and smoothly in the kingdom.

Thailand’s major courts

According to Thailand’s Constitution, there are four key bodies that express judicial powers in the country: (i) the Constitutional Court, (ii) the Administrative Court, (iii) the Military Court, and (iv) the Courts of Justice.

As noted in our introduction, Thailand’s court system follows a hierarchical process.

  • Constitutional Court: With the power to rule on the constitutionality of laws and official actions, the Constitutional Court is one of Thailand’s key courts.
  • Administrative Court: The Administrative Court serves as avenue of disputes between individuals and various governmental agencies.
  • Military Court: Concerns all matters related to the branches of the armed forces.
  • Courts of Justice: The Courts of Justice encompass various courts, including the following:
    • Criminal courts: The criminal courts deal with all criminal proceedings in the country.
    • Civil courts: An important court for businesses in Thailand, the civil courts handle various commercial-related cases, including commercial disputes, contractual issues, etc.

The Courts of Justice system

In Thailand, there are three tiers of courts under the country’s Court of Justice: (i) courts of first instance, (ii) appellate courts, and (iii) the Supreme Court

The courts of first instance include various forms of courts, including civil and criminal courts, provincial courts, municipal courts, and others including juvenile and family courts, the Central Bankruptcy Court, labour courts, criminal courts for corruption and misconduct cases, the Central Tax Court, and the Central Intellectual Property and International Trade Court.

Sometimes referred to as the Dika Court, the Supreme Court is the highest court of appeal in Thailand. The Court acts as a reviewer of the decisions of lower courts.

Civil cases procedures

Most businesses in Thailand will at some point or another have been involved in filing a civil suit.

The filing of civil proceedings in Thailand is straightforward.

The plaintiff (otherwise known as the claimant) will file a case within the specific district of which the cause of action arises and where the defendant is located.

If the case is concerning property that is immovable, the plaintiff may file the proposed action with the relevant court within the district of which the property is situated.

The Civil Court, Bangkok South Civil Court, Taling Chan Civil Court, Thon Buri Civil Court, Phra Khanong Civil Court, and Min Buri Civil Court have power to try and adjudicate all civil cases and any other cases not subject to the jurisdiction of other courts of justice in Bangkok.

Concluding remarks

Understanding the intricate details of Thailand’s court system is essential for both businesses and individuals operating within the kingdom.

For further guidance and expert assistance by lawyers based in Thailand, do not hesitate to reach out to the professionals at WSR International.

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