• Genaral Knowledge of Civil Case
• Genaral Knowledge of Consumer Case  
• General Knowledge on Criminal Case
• What is Special Court and Specialized Court?

Consumer Case, the knowledge that everyone should know

Consumer is the buyer of services from the entrepreneur or the person who has been offered or been persuaded from entrepreneur to buy the goods or services, including the person service from entrepreneur, whether paid for the fee to entrepreneur or not.

Entrepreneur is the seller, the manufacturer, the person who orders import into the country in order to sell, or the buyer to sell the goods or service provider, including the advertiser.

The entrepreneur, in the products liability's law, is the manufacturer or the person who order to manufacture, importer, the person selling goods that cannot specify the manufacturer, the person who order to manufacture or importer, and using trade name, trademark, logo, message or shown by any method to understand that being the manufacturer or importer.

Whereas the Consumer Case according to the Consumer Case Procedure Act B.E. 2551 (2008) has specify as follows;

1. The civil case between the consumer or the

"authorized person, such as the Consumer Protection Board or the association certified by the Consumer Protection Board with the power invested by Consumer Protection law or any other law about businessperson in which conflict with the legal right or legal duty because of consuming the goods or services.

2. The civil case according to the law of damage responsible occurs from unsafe goods.

3. The civil case related with the case in clause 1 or 2.

4. The civil case that the law has specified to use the adjudication procedure according to this act.

If suspect on case which is the consumer case occurs, the President of the Court of Appeal will decide, and such decision is final.

1. The consumer, means the buyer or the person receiving services from the entrepreneur or the person who has been offered or been persuaded from entrepreneur to buy the goods or services, including the person using goods or person receiving service from entrepreneur, whether paid for the fee to entrepreneur or not.

Whereas the authorized person can accuse for the consumer by law are;

1) Consumer Protection Board according to the protection Act B.E. 2522 (1979)

2) The association certified from Consumer

Protection Board according to the Consumer Protection Act

B.E. 2522 (1979)

3) The foundation certified by Consumer Protection ording to the Law of Consumer Protection

2. Entrepreneur, is the seller, the selling manufacture, order person or import into the country to sell or the buyer. to sell for goods or services, and means by the advertiser (fee collected when accused)

3. Injured person, is the person getting damaged from unsafe goods, whether to life, body, health, hygiene, mentality or property, but not including the damage to such unsafe goods (the fee shall be vested unless over-claimed)

Which court can receive the plaint of the consumer case

In case of the consumer will accuse the entrepreneur, the petition can be filed at the court which has the jurisdiction to adjudicate and the domicile of the entrepreneur.

But in case of the entrepreneur will accuse the consumer, the entrepreneur have to filed the petition to the court that such consumer having domicile in such court jurisdiction only.

Whereas accusing the consumer can be made at the Provincial Court in case where such province has no Kwaeng Court, for any province with Kwaeng Court, must accuse the case of the

consumer that the disputed

property or claimed value over 300,000 Baht at the Provincial Court, but if not over 300,000 Baht, it will be filed at the Kwaeng Court.

Expense regarding consumer case procedure

Under the virtue of the law regarding the responsibility of the unsafe goods, the accusation, including the procedure of any adjudication in consumer case in which proceeded by the consumer or the person having power to accuse for the consumer will be vested from all fee, but not including the vest in the highest level.

In case where the court found that the consumer or having power to accuse on behalf of the consumer he petition without any proper reason, claimed for overpriced damage, misbehaved, proceeded in consideration with the condition to be stall the case or unnecessary, or having other habit that the court found suitable, the court might

ordered for such person to pay for vest that sued to be exception in all or some part to the court under the specific time that the court deems appropriate. If not following, the court might order to file the case out of the process.

Limitation period of filing Consumer cases

In case where damage occurs to life, body, health or ne from the substance accumulated in the body of the unsumer or the case that needs time to show the symptoms, the consumer or the person having power to accuse on behalf of the consumer must use the accusation rights within 3 years since the date acknowledging such damage and knowing the violator, but not over 10 years since the date of acknowledgement.

But if there is a negotiation regarding the damage fee between the entrepreneur and the consumer or the person having power to accuse on behalf of the consumer, the law specifies such case validation to be stalled and includes such time until one of the party terminate the negotiation.

Power to take a legal action on behalf of consumers

Aside from the consumer can accuse the case by self, the Consumer Protection Board or associations that Consumer Protection Board certified according to the law of Consumer Protection also having power of accusation and proceed the case on behalf of the consumer.

In case where the association is the plaintiff making laim for damages, this can be only claimed for the damage he part of consumer who is the member of the association while accusing only.

The revocation of accusation or case compromising must have the consent letter from the related consumer presented to the court, and in case of revocation, the court will permit after the court found that such revocation is not is disadvantage to the major part of consumer protection only.

Process for filing a consumer case

In accusing the consumer case, the plaintiff will accuse by performing the oral or letter. In case where the consumer has a willing to accuse by oral, the case officer will arrange the recording of details for the accusation, and it will be given the plaintiff for signing the name, and the accusation will be submitted to the court under the name of consumer.

In consumer case, the court can direct the parties to mediation

In the peremptory day, after the plaintiff and the defendant have shown up, the case officer or the person enacified by the court or by the parties will mediate the parties le or compromise first. During the mediation, if one party requests or the mediator sees as proper, the mediator will order to proceed privately, before both parties or one of the party.

Appealing the consumer case is allowed or not

After the court of first instance has ordered or cated, the parties might appeal the judgment or ler of the court of first instance within 1 month since the date of judgment pronouncing, whereas the case will be final in the Court of Appeal.

However, in the consumer case which the property value or dispute amount in appellate is not over 50,000 Baht or not over the specified amount in the Royal Decree, the party is unable to appeal the question of fact. In case of the appellant found that the case is unable to appeal, the appellant might submit the application by motion to the Consumer Case

Division of the Court of Appeal or in the Consumer Case Division of the Regional Courts of Appeal with the appeal.

In case where the court of first instance orders not to receive the appeal according to the forbidden appealing reason, the appellant might submit the application in the form of motion of request for the appeal to the Consumer Case Division of the Court of Appeal or the Consumer Case Division of the Regional Courts of Appeal within 15 days after the court of first instance has judged. If the party has already filed the application hereinbefore, the party will not be able to appeal the disapproval application.

In case of the Consumer Case Division of the Court of Appeal or the Consumer Case Division of the Regional Courts of Appeal has adjudicated or ordered already, the party might lay the decree in the fact question (in the case of the dispute property value over 200,000 Baht) and in the question of law under the limitation of a month since the day of judgment was announced or ordered by the Court of Appeal of Consumer Case or the Court of Appeal of the Consumer Case Section.

Remarks

propeny var.

under the limitation of a month since the day of judgment was nnounced or ordered by the Court of Appeal of Consumer se or the Court of Appeal of the Consumer Case Section.

Remarks

Laying the appeal or decree in consumer case, the consumer must proceed independently. The law does not allow a case officer to proceed unlike the case institution in the court of first instance.

How to execute for the case that consumer has won

In the execution of the consumer case, the judgment creditor might lay ex parte application to the court to enforce the writ of execution immediately without the issue of the execution order.

In case of the court has had final judgment in the consumer case, if it appears to the court that there is an obstacle that makes the case unable to execute or has the necessary to specify any methods to enforce in accordance with the judgement, the law empowers the court to order if necessary and proper according to the interest of justice 

Remark

In case consumer is the judgment creditor, if the debtor does not pay the judgment debt, the consumer has to execute by being the leader to seizure or distain of the judgment debtor independently. The law however has not specified this to be the duty of the case officer.

What is Criminal Case?

A criminal case se which violates raw restriction regarding the guilt of the act and has criminal penalty regarding the guilt and the penalty prescribed in the Criminal Code and any other laws, such as Acts, or a case which might be charged according to the Criminal Code or any other laws which have the criminal penalty, or, said that, accused until imprisonment, or been punished by other criminal penalty.

A criminal case is a case which affects the public peace, such as murder, slander or libel, theft, or robs. The usual cases are such as assult case, theft case, robbery case, stealing case, murder case, libel case, injured or death; receiving stolen property case, etc.

What are the criminal punishments?

The criminal penalty has 5 levels:

1. Death penalty, the defendant will be executed by injecting the medicine or toxin to death.

2. Imprisonment, the defendant will be imprisoned.

The imprisonment period will be calculated since the first day of the imprisonment also as 1 day full not calculating as hours. if the imprison period is specified in month, 30 days are counted as a month. If it is indicated in years, it will be calculated by the calendar year. In case of the defendant is imprisoned before the judgment date it has to be deducted from the imprison period of the prison also.

3. Detention, the defendant will be detained in the cific place but not in the prison.

4. Fine, if the defendant does not pay fine within specified period in the judgment, he will be seized or ained instead. If it is suspected that the defendant will not the fine, the court may order to detention instead of fine /ment at the rate of 500 Baht per day. And if the defendant has been detained before, whether in inquiry or court level, the court will deduct the day that the defendant has been detained. 

5. Forfeiture of property, is the penalty done to the property that kept as evidence.

Criminal case procedure for injured persons

Normally, the persons who have the power to entry a charge are victim and public prosecutor. Nevertheless, in case of the injured person proceed personally, the court has to examine preliminarily whether the case has enough ground to accuse or not. In the case where compromising can be made, the injured person who has a willing to accuse independently must institute a case within 3 months since acknowledgement date of the guilt and the wrongdoer. e victim does not have a willing to accuse personally, it t have a complaint within 3 months also, so that the inquiry officer will be able to continue for proceeding the case or else will be lacked the limitation period.

Rights of the accused and defendant

The offender that has been detained in the inquiry l has the rights as follows;

1. Plead or not plead to the inquiry official or giving testimony in the court because testimony might be used as the evidence in the court

2. Meet th 'wyer and take advices from the lawyer privately

3. Allow the lawver or trusted person to listen to testimony given in the

4. Contact with atives as appropriate

5. Receive the rapid medical treatment

6. Filed the application for provisional release to the inquiry official or the court, as the case may be

The defendant accused to the court has the rights as follows;

1. Appoint the lawyer to defend in the preliminary hearing or in the judicial inquiry in the court of first instance, including in the stage of the Court of Appeal and the Supreme Court

2. Take advices from the lawyer or the person willing to be the lawyer privately

3. Check the case files of preliminary hearing or the adjudication of the court; make a copy or request for a copy with certification by paying the fee

4. Check the witness, evidence, and make the copy or photograph

5. Cock or copy of the pleading given in the inquiry level or the document regarding pleading; if having the lawyer, the lawyer will have the rights same as the defendant

6. Apply for the provisional release to the court

7. Object the quorum of judges

How to do when being sued in criminal case

1. When being sued as defendant, he or she should advise with the lawyer and authority the lawyer to conduct and proceed in the court representatively

2. When the defendant received the summons to give the testimony, it must lay the pleading within the specific time

3. To count the time of laying the plead, it will be counted from the date that defendant receives the summons and the copy of accusation, or any other person with the age of over 20 years working in the house or the same office as the defendant receives the summons and the copy of plaint.

However, if it was sent to the defendant by posting the summons and giving the copy of plaint to the house or office

and the copy of accusation, or any other person with the age of over 20 year-orking in the house or the same office as the defendant receives the summons and the copy of plaint.

However, if it sent to the defendant by posting the summons and giving the copy of plaint to the house or office of the defendant, or announcing in the newspaper, the time will be counted after 15 days of the posting or announcement, ie. the defendant has more 15 days in addition. If the defendant can not give the pleading in the specific time, it might apply to the court for extension the application time with special reason to claim for the extension. Therefore it will be considered by the judicial discretion.

4. Prepare the security to request for provisional release to the court

5. Come to the court on the appointment date and time

6. For any questions, please ask public relation officers of the court where the defendant has been prosecuted 

Appointing a pro bono lawyer

In case where the defendant cannot find the lawyer, the government will help by asking the court to provide the lawyer or the appointed lawyer in cases as follows;

- For cases with death penalty, or cases where the defendant is younger than 18 years of age in the prosecuting date. Before the trial, the court shall ask whether the defendant has a lawyer or not. If none, the court will appoint the lawyer for the defendant.

the lawyer or the appointed lawyer in cases as follows;

- For cases with death penalty, or cases where the defendant is younger than 18 years of age in the prosecuting date. Before the trial, the court shall ask whether the defendant has a lawyer or not. If none, the court will appoint the lawyer for the defendant.

- For cases with imprisonment, before starting the trial, the court has to ask whether the defendant has the lawyer or not. If the defendant does not have any, and the defendant wants one, the court will appoint the lawyer for the defendant. 

- The court will order to pay the compensation and expense to the lawyer who was appointed by the court.

The defendant does not pay for the lawyer appointed by the court.

Preparation for appearing in court as a defendant in a criminal case

- Bring the appointment letter or summons and the copy of plaint

- Prepare copy of the house registration and identification card

- Prepare for the security for bail by asking the standard price of bail from the court

-wearing appropriate clothes. 

Remarks

When anyone is accused as defendant, a lawyer should be appointed and advised.

When can a request for provisional release be made to the court?

1. After being the accused and were not brought detain at the court, the application for provisional release

shall be submitted to the inquiry officer

2. After being the accused and being brought, by the inquiry officer, to the court for detention, the application for provisional release shall be submitted to the court

3. When being the defendant,

- by the public prosecutor that bring the prosecution at the court 

- In the case where the plaintiff is an ordinary citizen, the court has to conduct a preliminary examination. If there is the reasonable ground, the court will accept the charge.

4. After being detained by the court warrant, i.e. the defendant who fled, was issued the arrest warrant from the court and later arrested by the police; or the witness does not appear in the court and the warrant has already been issued by the court; or the defendant was sentenced to imprisonment or 

detention in the case which is entitled to appeal 

The court criteria for consideration of a request for provisional release

To consider for provisional release, the court will decide from the elements as follows;

1. The seriousness of charge

2. The number of witness or evidence that has been taken into trial

The circumstances of the case

4. The reliability of the person requesting for bail and the sum of the security

5. The accused or defendant will flee or not

6. The degree of danger or damage occurring after provisional release is granted

7. In case where the accused or defendant must be detained according to the court warrant, if there is an objection from the inquiry officer, the public prosecutor or plaintiff, as the case may be, the court can take it into consideration

of the criminal offence with maximum length of nent over 10 years, the court must question the inquiry

otticer, public prosecutor, or the plaintiff whether the objection will be made or not)

Beware of the person who claimed that they can help obtaining provisional release

There are people who may take advantage to find efit from your trouble by approaching and claiming that y can help you to win the case or help to gett the bail, by asking money or property in return. It means that "you have been deceived". Therefore, if you face the situation like this or find the suspect, please contact the Director of the

How to request bail for an accused or defendant from the court

Postpone the prosecution by being detained during investigation - when the accused has been under the investigation, the police will bring the accused to the court for detention and the accused, or bail bondsman, can request for bailing out the accused.

Court of first instance consideration - the bailor is entitled to submit a request, for bailing out to the court adjudicating such case. If the court does not allow for provisional release, the bailor is entitled to appeal such order.

If the Court of Appeal denies to grant provisional release and affirm the decision of the Court of First Instance, the order of the Court of Appeal shall be final. But this will not deprive the rights to submit a new application for provisional release.

Later, if the Court of First Instance or the Court of Appeal renders a judgment to imprison the defendant, the bailor is entitled to request for bail during the trial and adjudication of the Court of Appeal or the Supreme Court by submitting to the Court of First Instance where manages such case.

In case where the Court of First Instance deems appropriate to grant the provisional release, the Court of First Instance will authorize. Or if the court has another decision, the case file will be sent to the Court of Appeal or the Supreme Court for order. In this case, if the Court of Appeal does not allow, the bailor can submit the appeal to the Supreme Court.

However, the accused or the defendant might be temporarily released with or without bail security. But the bail security is not needed for the offence with the maximum length of imprisonment not exceeding 5 years.

If the accused or defendant are not under arrest or having no behavior of fleeing or will not threaten or make trouble to the witness, when the time of granting provisional release without any bail security, before being released, the accused or defendant shall swear or give the oath that he or she will appear in the court following the appointment

or summons.

Who has the rights to bail an accused or defendant?

1. The accused or the defendant or any interested person, such as relatives, supervisor, employer, friends, spouse, close friends, or even siblings-in-law of the defendant, or called as "bail bondsman"

2. Professional bail bondsman, means the person who files application for provisional release for the accused

or defendant by giving their own property as a security and asking compensation from using such security, which should be extremely careful because some of the professional bail bondsman has not so nice behavior, such as using fraud document to file or requesting the expense in unconditionally in high rate, which can cause the damage to the accused or defendant and might affect the reliability of professional bail bondsmen

The securities used in provisional release are as follows:

1. Cash

2. Any other securities as follows:

- Government bond

- Government Savings certificate, saving lottery of the Bank for Agriculture and Agricultural Cooperatives with certificate

- Fixed deposit passbook or saving slip from the with the letter certifying the remaining amount, and certifying that the bank will not allow to withdraw until receiving order from the court

- Letter of bank guarantee

- Government certificate guaranteeing in accordant

With the regulation of the ministry of finance 

-Certificate policy of freedom insurance with showing table of policy of freedom insurance.

- Land ownership documents, such as land title deed or certificate of land utilization (Nor Sor 3 and Nor Sor

3 Kor) together with the letter of land evaluated price, issued not over 6 month, land survey, land photograph attached with the land location

3. Having person to be the bailor by showing the security (using the government official position, state enterprise officer or lawyer position) with that to show the letter of position certification and salary or monthly wage issued not over 1 month, can be bail not over 10 times of the salary or monthly wage. But in case of using bail for self in the offence of performing duty or practicing in profession, bail can be made not over 15 times of salary (the narcotics case, can be applied only with parents, spouse and the heir only)

- Bill of exchange in which a bank is a drawee and guarantees such bill, and cheque issued by a bank as payer and collected within the date of making the contract

- The previous security given as guarantee to the inquiry official or the public prosecutor must have the certifying letter from inquiry officer or the public prosecutor, certifying that the guarantee is truly given, and will be sent to

the court with the copy of guarantee contract and document regarding such evaluation

- Giving security deposit via credit card of Krung

Thai bank PLC (KTC MasterCard) (the bank calculated the fee for 1%)

What is a freedom insurance or bail bond?

Freedom insurance is the insurance made by the idea that the Ministry of Justice will manage the bail system of the accused or defendant by giving more option to the citizen to use the responsible letter of the insurance company as guarantee to give to the curt. Therefore the Ministry cooperates with the organizations in arranging the freedom insurance for the benefit of the citizen who has no bailing property or having not enough property.

After the citizen bought the freedom insurance, the insurance company will issue the certification of insurance.

If insured person has committed and be the accused or defendant during the insurance validation, the insured person will gain the convenience from using this letter to apply to the court for bail without any other guarantees or securities.

The insurance company will calculated the insurance premium according to the court level together with judgment and

offence, which the court has pasted the notification for checking, with the premium rate at 5 - 20%.

Documents used for requesting provisional release

(Original documents must also be brought to inspect)

1. Documents of accused or defendant

1) Copy of identification card or government official card and copy of house registration of the accused person or defendant

2) Passport with 2 copies; in case where the accused or defendant is a foreign person, if the original copy is with the inquiry official, the inquiry official shall also certify the copy of document

2. Document of person who is granted provisional release 

1) Copy of identification card or government official card

2) Copy of House registration

3) Document showing the change of name and/or surname

3. Documents of the spouse of the bail bondsman (in case where a person applying for provisional release has or used to have a spouse)

1) Copy of identification card or government

2) Copy of House registration

3) Dosument showing the change of name and/or surname 

the spouse died

4. In case where the person granted provisional release is juristic person

1) Juristic person certificate issued not over 1 month

2) Objectives showing that having power to make the contract of bail for the accused or the defendant to the court 

3) Copy of the identification card and house registration of the authority member of the board

4) Juristic person seal

5) Power of attorney with copy of identification card

and house registration of grantee (in case of authorization)

5. Document showing the status of relatives 

In case of using position to bail, you have to show the document presenting the relationship between the accused or the defendant with the bailor for provisional release and the list family and certifying

6. Giving consent

In case of using any other security aside from using a career position to bail, any other person can be given consent to proceed for. The document of the power of attorney must be signed by the district chief or the personnel acting the district chief as a witness. If it was made in the Royal Thai Consulate abroad, Thai Consul shall be a witness. But if such city does not have the Royal Thai Consulate, you have to let notary public or magistrate to be a witness and must have a certificate issued by the Foreign Government that such person has the power to do so.

1. Request the typing form of application for provisional release from the Public Relation Officer of the court

2. Write the application for provisional release by asking suggestion or you can find the example from the Public Relation Officer. If the bailor cannot write, the Public Relation Officer will write for them without any expense

3. The accused or defendant shall sign in the application of provisional release. If the accused or defendant has not been held at the court, the application shall not be brought to sign by the defendant

** there will be a remark at the end of warrant of release, specifying the name of bailor and the correctional officer shall ask the defendant whether the defendant will object or not.

If they are objected, the release will be halted and the warrant will be sent back to the court

4. The bail bondsman files the application of provisional release with evidences by submitting to the Public Relation Officer

5. After the Public Relation Officer checked the analination form and the evidences, the officer will be record ; evidence, and submit it to the judge for the order.

When the judge has ordered, the court will send it back to the Public Relation Officer

6. The PR officer will notify the court order to the bail bondsman. If the court permits, the officer will keep the bail security and receive the bail money. The officer will issue

the document of taking bail security and receipt. After that, if the accused or the defendant has been held at the court and still has no detention warrant, the accused or defendant can be released from the detention room. But if the accused or the defendant has been held under the detention warrant issued by the court, the officer will bring the warrant of release to the detention room. The accused or defendant will be released on the date the court having order to bail. But if the court denies, the bailor can ask for the public relation officer the return of bail security.

Whereas applying for bail during the appeal or dika appeal will use the same criteria as aforesaid. But the court may also decide to increase the amount of bail security from the same amount prescribed by the court of first instance.

1. Giving the name and address to the court, which must be the current address and can be contacted immediately.

If there is any movement, it must be notified to the court as soon as possible.

2. After allowing to bail out by the court, they must sign on the bail contract as evidence and must sign to acknowledge the specific time to send the accused or defendant to the court

3. Sending the accused or defendant to the court In detention level, the bail bondsman must bring

the accused or the defendant who bail to the court on the date of reaching the detention period

In the court adjudication level, after the court has made the appointment for the appearance of the defendant for witness examination, hearing a judgment, inquiry or any other appointments. The bail bondsman must bring the defendant to the court every time. But if the bail bondsman made a default and cannot bring the accused or the defendant to the court, might revoke the bail and fine the bail bondsman according to the contract immediately. Therefore, the bail bondsman has to know where the accused or the defendant is during the provisional release.

What to do if the bail bondsman has been fined

If the court orders to fine the bail bondsman from the bail contract, the bail bondsman must pay the fine according to the court order within the specific time. But this can be paid in installment by submitting the application to court. If the bail bondsman cannot pay the complete junt within the specific time, the court might order to confiscate or bring properties as bail security to auction for getting the money to make a fine payment. The court may confiscate any other properties of the bail bondsman to auction to make a fine payment in the complete amount.

Whereas the bail bondsman whom the court order to be fined according to the bail contract is entitled to appeal or request to reduce, deduct or pay in installment to the court, when the defendant is sent to the court. (The consideration of reducing fine is the decision of the court of first instance, but the bail bondsman can also appeal such order)

Withdrawal of the bail guarantee

The bail bondsman may request for the withdrawal of bail anytime by sending the accused or defendant to the court with the petition. After the court permits, the responsibility according to the bail contract of the bail bondsman will be terminated.

Receiving assets or cash from the court 

When the case is final, or the court orders to withdraw bail, or the bail contract has been terminated by any other cause, the responsibility according to the contract will be ded, the bail bondsman can request to get the guarantee ick immediately by filing the application to the court and attaching the evidence, such as evidence receipt letter or receipt issued by the court when applying for provisional release. If evidence receipt letter or receipt is lost, report must be made to the police officer and bring the daily notification from the police as evidence to the court. Normally, the bail bondsman must file the application by himself/herself, But if the bail bondsman cannot receive by himself/herself, he or she can give the consent to other person to receive the property or cash, by getting the power of attorney from the Court PR Officer.

Return of seized assets

When the court sentences to confiscate the exhibit used to commit crime, the owner of property who did not involve in the crime may submit the motion within 1 year after the date the case was final in order to ask the court to return the evidence. The court will make an appointment for the inquiry of the applicant and the plaintiff (if objected) and st bring the witness to testify. After the witness examination finished, the court will issued the order whether to return the evidence to the applicant or not.

Probation and performing community service in lieu of a fine

In case of the court fines not over 80,000 Baht, the sentenced one who is an ordinary person and has no money to pay fine may submit the motion to the court of first instance adjudicating this case for the charity or public work instead of fine payment. The court's order is final.

Can an injured person request to enforce the defendant to pay compensation?

In the criminal case that the public prosecutor prosecutes, if the injured person is entitled to claim for compensation because of harm to life, body, mentality, freedom, reputation or property due to the act of the defendant, the injured person will submit the motion to enforce the defendant to pay the compensation by submitting to the court that adjudicates such case. And the submission should be made before the witness examination. In case of no witness examination, the submission should be made before the decision of the court.

How to file a motion for retrial

The case that has been final and given the person to receive the penalty according to the criminal law already might request for case reconsideration if there is one of the incident as follows;

1. The witness whom the court uses as a main point in the adjudication with final judgment showing later that the testimony is false fact or incorrect

2. Other evidences which the court uses as a main point in the adjudication with final judgment showing later that it is fake or fraud or unreal evidence

3. Having new clear evidences which are important to the case. If they are brought to investigate in the finished case, it will be prove that the person is innocent.

If a new judgment shows that such person is not guiity, such person or the heir is entitled to receive the expense, including the rights deprived because of such judgment.

What steps does an official need to comply with when executing a search under a search warrant issued by a court

In gathering witnesses and evidences, the police officer or competent officer according to the law may need to find the necessary items which can be witness and evidence to the case or finding someone. When the officer according to the search warrant requests to search, such officer must show the true intention before the possessor of the place or members of his or her family and present the warrant issued by the court. The person receiving the search warrant should inspect details as follows;

1. Place of issue

2. Date of issue

3. Reason of issue

4. Place where will be searched, and name or the appearance of the person or item that needs to be searched, the date and time for searching, name and position of the office who conducts the search

5. Offence identified in the warrant

6. Signature of the judge and court seal affixed

After being inspected and found correct, please cooperate with the officer according to the warrant by leading to search. After searching, such officer will record the detail of searching and the list of found items. Then, all will be read to the possessor of the place or members of his or her family for acknowledgment and such person will sign for the acknowledgment.

For your information: The search in residential place (private place) must be done during the sunrise until sunset (day time), except the search begins in the day time and cannot complete the search within the day time. Searching in the night time is acceptable. For the very urgent case or searching for the arrest of fierce accused or important accused, this can proceed in the night time.

What to do when the court issued an arrest warrant 

1. Such person committed crime of flagrant offence

2. Having suspicious behaviors to commit the crime causing damages to persons or properties of others by having toni weapons, any other items that can proceed

Having reason to issue the arrest warrant to such but having urgent necessity that cannot request the court to issue the warrant for such person 

4. Arresting the accused or defendant who fled or plan to flee under the bail conditions

When being arrested, the arrest warrant must be checked as follows;

1. Place of issue, being issued by the court

2. Date of issue

3. Reason of issue

4. Name and appearance of the person who will be arrested 

5. Offence identified in the warrant

6. Signature of the judge and court seal affixed

Even having the arrest warrant, the competent officer according to the arrest warrant cannot arrest in residential place (private place), except for having search warrant or having incident according to the law that legal officer can enter the residential place, such as screaming sound for help from the residential place or the flagrant offense in the residential place.

Knowledge about court expense and court fee

To make a payment to the court, such as fee, court fee, fine payment, security bail, etc., the receipt must be issued every time. Therefore it should be inspected whether the amount does correspond with the payment or not. If not, it will be considered as having fraud. The director of the Administrative Office of the Court, Judge, Chief Judge or Chief Justice of such court should be notified.

Do not believe a person claiming that he or she can unduly influence the outcome of a case

Do not believe the person claimed that he or she can unduly influence the outcome of trial because court orders or procedures must be complied with the law and the prescribed steps of such case.

Whom to ask when having problem regarding filling application, petition or statement

If a person contacting with the court has questions about the form, filling a statement, bail, withdrawal of bail, the court has arranged public relation officers for giving any suggestions for the convenience, rapidity and correctness in. nutar to avoid the waste of time in contacting the court.

A Special Court is a court established in accordance with the specific law to have the power to adjudicate the case of some group of person, such as child or juvenile, or some type of cases, such as family cases, child protection cases or victim of domestic violence cases, by

using the different method from the general court. But the type of law is not complicated, like special jurisdiction, such as a Juvenile and Family Court.

A Specialized Court means a court having the Establishment of Court Act prescribed for the establishment

of this type of courts, including the specific procedure. But in the appeal of judgment, the appeal shall be submitted to the Supreme Court, such as the Central Bankruptcy Court, the Central Labor Court, etc.

What is the Juvenile and Family Court?

The Juvenile and Family Court is the court with the power to try and adjudicate all criminal charges committed by the child or juvenile and family cases. The child means the person of the age between 7 and 14. And the juvenile, means the person of the age between 15 and 18, by counting from the date that the child or juvenile has committed crime.

Therefore, the person committing crime and being prosecuted in the Juvenile and Family Court means the person of the age below 18. The family case, such as the Civil Case that must

'orced in compliance with the Civil and Commercial Code ing Family, such as engagement, marriage, divorce, cysion of alimony, child parental power, adaptation of child, minor's juristic act, cases about the application for judicial order of incompetent person or quasi-incompetent, etc.

Types of juvenile and family court 

1. The Central Juvenile and Family Court, having jurisdiction all over Bangkok Metropolitan area

2. Provincial Juvenile and Family Courts, having jurisdiction all over such province

Branch Juvenile and Family Court, established for giving convenience to the parties, citizen or the person 

contacting with the court in the remote area where is far from the original court but this branch is still a part of the original court with the same jurisdiction.

Intentions and objectives of the establishment of the Juvenile and Family Court

1. To protect the well-being of the child and juvenile, by correcting and supporting the child and juvenile with suitable methods for the child and juvenile and by finding reasons that cause the action of crime and resolving at the root of the problem

2. To protect the family institute and the benefit of the minor in a family case

The principles of the Juvenile and Family Court

1. Having a lay judge who is a person having experiences in child raising or work involving the welfare support or teaching of children to be in the quorum, with at least one female lay judge

2. Having the separation of the adjudication of the case regarding child, which different from the normal case, rom other cases in private. Such adjudication will not strictly comply with the Criminal Procedure Code

3. Having the tracing of fact and background regarding information, behavior and reasons of committing crime in order to present opinions to the court

4. Applying the method for the child and juvenile instead of criminal punishment, such as probation, suspension of sentence, training and rehabilitation.

5. For the flexibility in the correction of child and juvenile continuously, the Juvenile and Family Court has the power to amend the judgment

6. In the family case, having mediation is aimed to make a compromise for the happiness of the family and the personal benefit of the minor Currently, the Central Juvenile and Family Court is located at 6/1 Rachini Road,

Phra Dorom Maharatchawang Sub-District, Phra Nakhon district, Bangkok 10200. 

What is the Labor Court?

A labor case is a case with specialty different fror the general civil and criminal case because it is the disput between the employer and employee according to th employment contract, or the rights of employer and employ according to the employment contract and the labor relat law, the provident fund law, the social security law. Theref the labor court has been established.

Cases under the power of rendering a judgment or having an order of the labor court can be divided into 3 types as follows;

1. General labor case, according to the Section 8 of the Establishment of Labor Court Act

2. Unfair termination of employment to the employee

3. The labor case according to the consideration way of the Chief Justice of the Central Labor Court

The procedure in Labor Court will mainly be under the mediation and dispute resolution. If the disputed parties (Employer - employee) cannot negotiate, the court will adjudicate according to the provisions of laws by taking fairness and peace into consideration. In the adjudication of a labor case, there will be 3 sides: (1) judge (2) one lay judge on the side of the employer and (3) one lay judge on the side of the employee, in the same number on each side to be the quorum.

The Central Labour Court has the jurisdiction in 6 provinces, such as Bangkok Metropolitan area, Samut Prakan, Nakhon Pathom, Samut Sakhon, Nonthaburi and Pathum Thani Province, in which the Central Labour Court has established for 4 more branches as follows;

- Central Labour Court (Samut Sakhon), having jurisdiction power over Samut Sakhon Province

- Central Labour Court (Min Buri), having jurisdiction power over Min Buri, Nong Chok, Lat Krabang and Khlong

Sam Wa Districts

- Central Labour Court (Nonthaburi), having jurisdiction power over Bangkok Metropolis only in Don Mueang, Lak Si District, Sai Mai and Bang Khen Districts, Nonthaburi and Pathum Thani Provinces (responsible only in Mueang, Sam Khok and Lat Lum Kaeo Districts)

Regarding in the region, in during have not established the labour court in such province, willing to consider the court jurisdiction according to the regional court as follows;

Labour Court, Region I, having jurisdiction over Lop Buri, ainat, Saraburi, Sing Buri, Phra Nakhon Si Ayutthaya and g Thong Provinces.

Labour Court, Region Il, having jurisdiction over Chanthaburi, Chachoengsao, Chon Buri, Trat, Nakhon Nayok, Prachin Buri, Rayong and Sa Kaeo Provinces.

Labour Court, Region Ill, having jurisdiction over Nakhon Ratchasima, Chaiyaphum, Buri Ram, Si Sa Ket, Surin, Amnat Charoen, Ubon Ratchathani and Yasothon Provinces.

Labour Court, Region IV, having jurisdiction over Kalasin, Khon Kaen, Nakhon Phanom, Maha Sarakham, Mukdahan, Roi Et, Loei, Sakon Nakhon, Nong Khai, Nong Bua Lam Phu and Udon Thani Provinces.

Labour Court, Region V, having jurisdiction over Chiang

Rai, Chiang Mai, Nan, Phayao, Phrae, Mae Hong Son, Lampang and Lamphun Provinces.

Labour Court, Region VI, having jurisdiction over Kamphaeng Phet, Tak, Nakhon Sawan, Phichit, Phitsanulok, Phetchabun, Sukhothai, Uttaradit and Uthai Thani Provinces.

Labour Court, Region VII, having jurisdiction over Kanchanaburi, Prachuap Khiri Khan, Phetchaburi, Ratchaburi, Samut Songkhram and Suphan Buri Provinces.

Labour Court, Region VIII, having jurisdiction over Krabi, Chumphon, Nakhon Si Thammarat, Phangnga, Phuket, Ranong and Surat Thani Provinces.

Labour Court, Region IX, having jurisdiction over Trang, Narathiwat, Pattani, Phatthalung, Yala, Songkhla and Satun Provinces.

Currently, the Central Labour Court is located at

o. 404 Rama 4 Road, Maha Phruetharam Sub-District.

Bang Rak District, Bangkok 10500, Tel. No. 0-2235-1501-8

Due to the complexity and special characteristics of the intellectual property and international trade case, the Intellectual Property and International Trade Court has been therefore established for the adjudication of case by judges

specific knowledge on intellectual property and inal trade. All this, the administration of justice for people can be fair, fast and more effective.

Characteristic of the Court

The Central Intellectual Property and International Trade Court is a court of first instance which is a specialized court, having power to adjudicate intellectual property and international trade cases, both civil and criminal cases.

Law on the Establishment of the Court

The Central Intellectual Property and International trade Court is established by The Establishment of Intellectual property and International Trade Court and Intellectual property and International Trade Case Procedure Act B.E. 2539 (1996), which opened in 1 December 1997. 

Jurisdiction of the Court

According to The Establishment of Intellectual Property and International Trade Court Act, the Central Intellectual Property and International Trade Court has the jurisdiction over 6 provinces, such as Bangkok Metropolitan area, Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan and Samut Sakhon. Any other provinces are under the Regional Intellectual Property and International Trade Courts. But such courts have not yet been established. Therefore, the Central Intellectual Property and International Trade Court has the jurisdiction over the country.

Types of case filed to the court

The Central Intellectual Property and International

Trade Court has the power to adjudicate both civil and criminal cases regarding intellectual property and international trade as follows;

- Criminal cases relating to intellectual property, such as criminal cases regarding trademarks, copyrights and patents; and criminal cases regarding offences of trade under Sections 271 - 275 of the Criminal Code

- Civil cases relating to intellectual property, such as civil cases regarding trademarks, copyrights, patents and 

cases arising from agreemente on technology transfere or lleensing agreemente

- Civil or criminal cases relating to a dispute in the design of integrated cireult, the selentific discovery, the trade name, the geographical name showing the place of origin of a product, the trade secret and the Protection of New Varietiea of Plante

- Civil cases relating to international trade, such as civil cases regarding international sale, exchange of geode or financial instrumente, provision of international services, International carriage, insurance and other related juristic acte; civil cases regarding letter of credit and trust receipt, including

insurance relating to such enterprisea; civil cases regarding

arrest of ships, dumping and subsidization of goode or services from abroad

- civil or criminal cases which are under the jurisdiction of the Intellectual Property and International Trade Court; civil cases regarding arbitration for resolving the aforesaid dispute

In case where there is a dispute over the jurisdiction of the Central Intellectual Property and International Trade Court, whether it occurs in such court or other courts, such court shall submit such problem to the President of the Supreme Court for the decision. The decision of the President of the Supreme Court is final.

Procedure in the court

For the expediency of procedure, the Establishment of the Intellectual Property and International Trade Court Act is prescribed to adjudicate the case continuously, except for the necessity.

In addition, the Chief Justice of the Central Intellectual Property and International Trade Court, by the approval of the President of the Supreme Court, has a power to issue the conditions regarding the proceedings and taking evidences applied in the court. This will help the adjudication of the case he Intellectual Property and International Trade Court to be venient, fast, and cheap, as a special characteristics

different from any other courts.

Adjudication with special characteristics

- Contacting with any other court might be conduct via facsimile, electronic media or information technology media in any other types instead of special urgent mail, or applying them together

- Allowing to inquire the witness outside the court via video conference

- The parties in the intellectual property case can apply for injunction before filing the plaint

- Allowing the parties to record statement of testimony on fact or opinions of witnesses instead of inquiring before

the court

- Allowing for non-English translated documents submitted to the court, if such documents are not the evidence of main issues of the case

- Allowing the computer's data and information to be vidence of the case

- In case of emergency or necessity, the court can ve requested to issue the order of confiscating documents or materials that will be presented as evidences

Mediation system

After the parties have brought the case to the court, both parties might negotiate or dissolve the dispute by mediation. This method is a convenient method and not as

Mediation system

After the parties have brought the case to the court, both parties might negotiate or dissolve the dispute by mediation. This method is a convenient method and not as complicated as 

court procedure. In this act, the court facilitates the parties that request for mediation by arranging a mediation room with a relax environment for discussion. If the party is a foreigner, an English interpreter is available. And the court has issued the Regulation of the Central Intellectual Property and International Trade Court regarding dispute mediation in order that the procedure will be appropriate, fair, convenient, quick and effective.

Appealing

The judgment or the order of the Intellectual Property and International Trade Court can be directly appealed to the Supreme Court within 1 month from the date of reading such judgment or order.

Regarding the criminal case with the maximum penalty of not over 3 years imprisonment or not over 60,000 Baht for fine payment or both, the appeal of judgment in the factual problem is not allowed, unless the defendant was sentenced to be imprisoned or detained instead of imprisonment or the court rules suspension of sentence or fines not over 5,000 Baht.

In the civil case that the property price or value in dispute in the appeal level is not over 200,000 Baht, both parties are not allowed to appeal the factual problem, except the judge of such case has made the argument or certified that there is a reasonable ground for appeal or the Chief Justice allows appealing by notifying in the written form.

Currently, the Central Intellectual Property and International Trade Court is located at the Government Complex Commemorating His Majesty the King's 80th Birthday Anniversary, 5 December, B.E. 2550 ( 2007), Rajaburi Direkriddhi Building, 5 - 7* Floor, No. 120, Village

No 3, Chaeng Watthana Road, Thung Song Hong Sub-Disitrict,

Lak Si District, Bangkok 10210, Telephone 0-2141-1910-14, 

Fax: 0 2143 8725 email: ipitc@coj.go.th

What is the Tax Court?

The Tax case is the case with the special characteristics and different from any other civil cases because it is about the dispute between the private party and a government agency due to the evaluation or collection of tax. If such case is adjudicated by judges with specific knowledge about tax problems, this will make the adjudication of tax case faster.

Therefore, it is appropriate to establish the Tax Court to adjudicate tax cases with the special procedure.

The Tax Court has the power to adjudicate the civil se regarding tax according to the Revenue Code, customs, , house and land taxes, billboard tax, local support tax, verance tax. Before filing the plaint, it must completely proceed in accordance with the Revenue Code or the law regarding such taxation, such as the dispute case according

to the Revenue Code, the plaintiff, as citizen, sues the Revenue Department, the plaintiff must submit the appeal of the evaluation within 30 days and must filed the plaint within 30 days from the date of receiving the decision of appeal, in which having specified in the same way in almost every taxation types. However, the regulations of laws may specity additional conditions, e.g. the plaintiff must pay the tax according to the evaluation before being entitle to file a plaint according to the House and Land Tax Act B.E. 2475 (1932), etc.

B.E. 2475 (1932) etc.

The Central Tax Court has the jurisdiction over Bangkok

Metropolitan area, Samut Prakan, Samut Sakhon, Nakhon Pathom, Nonthaburi and Pathum Thani. Therefore, the Tax case which the defendant has the domicile in Bangkok Metropolitan area or aforesaid provinces must only be filed at the Central Tax Court. But if the case is outside the jurisdiction of Central Tax Court, it could be filed at the Central Tax Court under the consideration of the Central Tax Court whether to receive such case or not. Currently, there is only the Central Tax Court. Therefore, for the convenience of the party, the case can be filed at the court in the defendant's domicile.

But such Provincial Court must submit the plaint to the Central Tax Court for the consideration of issuing an order 

Today, the Central Tax Court is located at the Civil Court Building, 181 - 27* Floor and 13th Floor, Ratchadaphisek pad, Chompol Sub-District, Chatuchak District, Bangkok 10900.

The Central Bankruptcy Court is a court of first instance as a specialized court according to the law on the Organization of the Court of Justice. This court is established by the Establishment of the Bankruptcy Court Act and Bankruptcy Case procedure B.E. 2542 (1999). Its objective is that all bankruptcy cases, which are different from any other civil cases, shall be adjudicated by judges with specialized knowledge.

Establishment of the Bankruptcy Court Act and Dare Case procedure B.E. 2542 (1999). Its objective is that all bankruptcy cases, which are different from any other civil cases, shall be adjudicated by judges with specialized knowledge.

The Central Bankruptcy Court has the power to adjudicate bankruptcy cases which are defined as cases under the bankruptcy law (Currently, the Bankruptcy Act B.E. 2483 (1940)) and are not criminal cases, including civil cases involving with a bankruptcy case. In case of having n to decide whether a case will be under the jurisdiction bankruptcy Court or any other courts of first instance, have already reached the final decision for the case, the issue of court jurisdiction shall not be submitted to the Supreme Court.

The Central Bankruptcy Court has the jurisdiction over Bangkok Metropolitan area. While a Bankruptcy Court is still not opened in other areas, the Central Bankruptcy Court has also the jurisdiction to adjudicate the bankruptcy case in such area, under the transitory provisions. The Central Bankruptcy Court has the power all over the country in the initial stage of its establishment. However, for the convenience to the citizen, the Bankruptcy Court Establishment Act has given the power to the Provincial Court to receive the case instead of the Central Bankruptcy Court. In such case, the Central Bankruptcy Court can decide to summon both parties to proceed about the case at the Central Bankruptcy Court, adjudicating such case at the Provincial Court where receives the case or assign the judge of such Provincial Court to adjudicate the case instead.

The judge: The judge who will be appointed to adjudicate in the Bankruptcy Court shall be selected from the person with knowledge and understanding on the bankruptcy law. When the Establishment of the Bankruptcy Court Act has not regulated others, a quorum will be the same as any other ordinary courts of the first instance, i.e.2 judges as a quorum.

The Establishment of the Bankruptcy Court Act has not prescribed to have a lay judge because of the complexity of bankruptcy cases regarding with many fields of business.

Appointing the lay judge to be in the quorum can hardly be implemented and inconvenient. When having appointed a lay judge with any particular area of knowledge in the quorum, if there is other disputes which are not related with the field h the lay judge understands, it might cause a problem djudication. Besides, Section 20 has regulated to give to the court to call an expert to give a comment about

the case at any time of trial. This can create the opportunity for the court to listen to comments of expert in the field of real dispute. There will be more flexibility and consistency with the characteristics of the bankruptcy case.

The Criminal Case under the Jurisdiction of the Bankruptcy Court

The Bankruptcy Court has the power to adjudicate the criminal case according to the Bankruptcy Act B.E. 2483

1940): the criminal case related to business restoration gulated in Section 90/80 to Section 90/89 and the criminal case regarding bankruptcy regulated in Section 161 to 175.

However, the Establishment of the Bankruptcy Court Act has regulated about the bankruptcy case procedure. In part of criminal case, only in some parts, it has mainly brought up the provisions in the Criminal Procedure Code and the law on the establishment of Kwaeng Court and criminal case procedure in Kwang Court to apply, such as request for search warrant, request for detention and postponement of filing plaint, application for provisional release, the trial and adjudication, etc.

Today, the Central Bankruptcy Court is located at the Government Complex Commemorating His Majesty the King's 80* Birthday Anniversary, 5 December, B.E. 2550 (2007), Rajaburi Direkriddhi Building, 2'a - 4" Floor, No. 120, Village No. 3, Chaeng Watthana Road, Thung Song Hong Sub-District, Lak Si District, Bangkok 10210.