Navigating the legal system in Thailand whether in civil or criminal proceedings requires a thorough understanding of Thai law and procedure. Having experienced legal representation from the very beginning is essential to protecting your rights and interests throughout the process.

What is Civil Litigation?

Civil litigation involves disputes between individuals or legal entities, where one party alleges that they have suffered loss or damage as a result of the actions or omissions of another. Civil matters are governed by the Civil and Commercial Code and the Civil Procedure Code, and cover a broad spectrum of disputes including contractual claims, property disputes, personal injury, employment matters, debt recovery, and other commercial or private law matters. 

Civil Litigation Procedure

Step 1 The plaintiff files a statement of claim with the court of competent jurisdiction, together with the applicable court fees calculated on the value of the claim.

Step 2 court issues a summons to the defendant. The defendant is given a prescribed period within which to file a statement of defence.

Step 3 The court will schedule two key hearings: 1. a mediation hearing, providing the parties with an opportunity to reach a settlement before trial, and 2. a settlement of issues date, at which the issues in dispute and the framework for the examination of evidence are determined.

Step 4 Both parties present their evidence before the court. Attorneys examine and cross-examine witnesses on behalf of their respective clients.

Step 5 The court delivers its judgment. Either party may appeal to the Court of Appeal, and further to the Supreme Court (Dika Court), within the prescribed timeframes.

What is Criminal Litigation?

Criminal litigation arises when an individual is alleged to have committed an act that constitutes a criminal offence under the Criminal Code. The consequences of a criminal conviction can be life changing including imprisonment, fines, probation, and a permanent criminal record.

In Thailand, criminal proceedings may be initiated through two distinct channels:

Prosecution by the Public Prosecutor: Upon receipt of a complaint, the investigating officer conducts an investigation and compiles the evidence into a case file, which is then submitted to the public prosecutor for consideration. If the prosecutor is satisfied that there is sufficient evidence, a formal charge is filed before the competent court on behalf of the state.

Private Prosecution: In addition to prosecution by the state, an injured party has the right to retain a private attorney and file a criminal complaint directly with the court, without the need to proceed through the public prosecutor. 

Criminal Litigation Procedure

Prosecution by the Public Prosecutor

Step 1 The injured party files a formal complaint with the police at the station with jurisdiction over the area where the offence occurred.

Step 2 The investigating officer collects evidence, takes statements from witnesses, and compiles a case file for submission to the public prosecutor.

Step 3 The public prosecutor reviews the case file and issues either a prosecution order or a non-prosecution order.

Step 4 Once the prosecution order is issued, the public prosecutor files the charge before the competent court. The court schedules a Rights Protection Hearing at which the court informs the accused of the charges, explains their legal rights, and inquires whether the accused wishes to retain legal counsel or have counsel appointed by the court. The court then takes the plea of the accused whether to plead guilty or not guilty.

• If the accused pleads guilty, the court may proceed to deliver judgment immediately without the need for a trial unless the offence carries a minimum penalty of 5 years’ imprisonment or more, in which case witness examination is mandatory regardless of the plea. 
• If the accused pleads not guilty, the matter proceeds to the Evidence Examination Hearing.

Step 5 The court schedules an Evidence Examination Hearing at which both the prosecution and defence disclose their respective lists of witnesses and documentary evidence, and the court sets the schedule for the examination of witnesses.

Step 6 The court proceeds to the Witness Examination Hearings at which both the prosecution and defence call and examine their witnesses before the court. The opposing party has the right to cross-examine each witness. Witness examination hearings may be scheduled across multiple dates depending on the number of witnesses and the complexity of the case.

Step 7 Upon completion of the witness examination, the court delivers its judgment. The defendant may appeal to the Court of Appeal and further to the Supreme Court (Dika Court) within the prescribed timeframes.

Private Prosecution

Step 1 The injured party retains a private attorney to assess the merits of the case and advise on the appropriate course of action.

Step 2 The private attorney files a criminal complaint directly with the court of competent jurisdiction on behalf of the injured party without the need to proceed through the public prosecutor.

Step 3 The court schedules a Preliminary Hearing to examine whether the complaint discloses sufficient grounds to proceed to trial. If the court finds that the case has sufficient grounds, it will accept the complaint and proceed to schedule the Rights Protection Hearing. 

Step 4 The court schedules a Rights Protection Hearing at which the court informs the accused of the charges brought by the private prosecutor, explains their legal rights, and inquires whether the accused wishes to retain legal counsel or have counsel appointed by the court. The court then takes the plea of the accused whether to plead guilty or not guilty.

• If the accused pleads guilty, the court may proceed to deliver judgment immediately without the need for a trial  unless the offence carries a minimum penalty of 5 years’ imprisonment or more, in which case witness examination is mandatory regardless of the plea. 
• If the accused pleads not guilty, the matter proceeds to the Evidence Examination Hearing.

Step 5 The court schedules an Evidence Examination Hearing at which both the private prosecutor and the defence disclose their respective lists of witnesses and documentary evidence, and the court sets the schedule for the examination of witnesses.

Step 6 The court proceeds to the Witness Examination Hearings at which both the private prosecutor and the defence call and examine their witnesses before the court. The opposing party has the right to cross-examine each witness accordingly.

Step 7 The court delivers its judgment. Either party may appeal to the Court of Appeal and further to the Supreme Court (Dika Court) within the prescribed timeframes.

The Thai Court System

Thailand’s court system operates across three tiers, each providing a further opportunity to have a judgment reviewed.

Cases are first heard by the Courts of First Instance. Where a party is dissatisfied with the outcome, they may appeal to the Courts of Appeal, which will review and may uphold, vary, or reverse the original decision. A further appeal on points of law only may then be made to the Supreme Court (Dika Court), the highest court in Thailand, whose judgment is final and binding.

Appeals at each level must be filed within the timeframes prescribed by law. Failure to do so will result in the judgment becoming final and enforceable.