Many businesses avoid litigation, fearing it will disrupt business relations and add to legal costs. However, litigation is sometimes necessary to resolve disputes.
In Thailand, the court system is hierarchical. Disputes are heard by the Court of First Instance before being appealed to the Court of Appeals and ultimately the Supreme Court.
The legal system in Thailand is largely based on civil law and therefore, criminal prosecutions are less prevalent than they may be in other countries. However, the country’s penal code does contain a number of offenses that could be considered criminal in nature for anyone who violates them.
The majority of legal cases in Thailand involve civil matters such as property disputes, employment actions, torts (also known as wrongful acts) and debt recovery. Other common types of civil lawsuits include personal injury and breach of contract.
Civil cases in Thailand can be lengthy, especially when they are referred to the Court of Appeal or Supreme Court. It is recommended that clients hire a reputable attorney to handle their case from the beginning, as this will help prevent surprises and ensure that every step is taken according to plan. It is also helpful to have a legal team that understands the local culture and how it can impact cases.
If you are a defendant in either a criminal or civil case, the court will likely schedule hearings to hear evidence and witnesses. This is a process that can take up to six months and is sometimes extended by the court if witnesses are unable to attend scheduled dates.
Defendants can be acquitted of their charges or found guilty after being convicted by the Court of First Instance or the Court of Appeals. If you do not agree with the court’s decision, you can appeal the case to the Supreme Court within one month of the Court of Appeals judgment.
In the case of civil disputes, courts require a monetary deposit to be paid before taking up any evidence. The Court of Appeals may also award attorneys fees to a prevailing party. In criminal cases, a defendant can be found guilty of malicious prosecution and could be ordered to pay the other party’s attorney fees.
A defendant is a person or party accused of committing a criminal offence. They have a right to defend themselves against a prosecution and can be represented by legal counsel. A Defendant’s Rights are important to protect and uphold.
Civil litigation is a type of dispute resolution that involves the legal process of disputing damages or redress for a breach of contract, negligence or other wrongdoing. A civil litigation attorney specializes in representing plaintiffs and defendants in civil disputes, including commercial litigation, intellectual property issues, personal injury, family law, and more.
In Thailand, courts of first instance that have jurisdiction over both civil and criminal cases are located in Bangkok Metropolis and all 110 provinces and districts. They include the Provincial Courts, Civil Courts and Kweang Courts for petty offences. At the court’s discretion or the parties’ request, hearings and trials may be conducted via electronic conference. However, participants physically located outside of Thailand are restricted from recording or reproducing the proceedings.
The civil court system in Thailand encourages mediation and settlement. However, the court can also decide to separate claims and issue a judgment in each claim.
The court does not require a jury and has sole discretion in the case. In addition, the court will consider published Supreme Court decisions when adjudicating cases.
For criminal cases, a suspect can be convicted of a criminal offense based on the evidence presented to the court. The court will have the right to confiscate assets and impose travel restrictions on a defendant if he/she is found guilty.
Defendants are entitled to legal representation throughout the case. Defendants may be able to recover attorney fees from the prevailing party in the case. The court will award these attorneys’ fees based on the prevailing rate in the area of the law. The law requires a court deposit, which will be refunded if the client wins the case. The client is also entitled to reimbursement of their attorneys’ fees in case they lose the case.