Litigation in Thailand follows a civil law system, meaning that court procedures rely on written laws and statutes, rather than judicial precedent. The litigation process is formal, structured, and requires strict adherence to procedural rules under the Thai Civil and Commercial Code and the Criminal Procedure Code. Both civil and criminal litigation follow a multi-tiered court system, where cases may be appealed up to the Supreme Court.

1. The Thai Court System

Thailand has a three-tiered court structure, consisting of Courts of First Instance, Courts of Appeal, and the Supreme Court.

1.1 Courts of First Instance

These courts hear cases at the trial level and include:

• Civil Courts – Handle disputes related to contracts, property, torts, and inheritance.
• Criminal Courts – Hear cases involving offenses such as theft, fraud, and defamation.
• Juvenile and Family Courts – Deal with child custody, divorce, domestic disputes, and juvenile offenses.
• Labor Courts – Specialize in employment disputes such as wrongful termination and wage disputes.
• Tax Courts – Hear cases involving corporate and individual tax matters.
• Intellectual Property and International Trade Courts – Handle trademark, patent, and cross-border business disputes.

1.2 Courts of Appeal

Parties dissatisfied with a trial court ruling may appeal to a Regional or Specialized Court of Appeal, which reviews both legal and factual matters.

1.3 The Supreme Court (Dika Court)

The Supreme Court is the highest court in Thailand and only accepts cases involving legal interpretation, constitutional questions, or matters of public importance.

2. Civil Litigation in Thailand

2.1 Common Types of Civil Cases

• Breach of Contract – Disputes over real estate, commercial contracts, and service agreements.
• Debt Collection – Lawsuits for unpaid loans or invoices.
• Property Disputes – Disagreements over land, ownership, leases, or boundary issues.
• Personal Injury & Tort Law – Cases involving negligence, defamation, or wrongful death.

2.2 Civil Lawsuit Process

1. Filing a Complaint – The plaintiff submits a statement of claim to the appropriate court.
2. Court Summons Issued – The defendant is served with a summons and given time to respond.
3. Mediation and Pre-Trial Conference – Courts often encourage settlement discussions before trial.
4. Trial and Judgment – The case proceeds with witness testimony, document submission, and judicial review.
5. Appeal Process – Either party may appeal to a higher court if dissatisfied with the ruling.

3. Criminal Litigation in Thailand

Criminal cases in Thailand are prosecuted by the Office of the Attorney General or private individuals (in some cases).

3.1 Common Criminal Offenses

• Fraud & Embezzlement – White-collar crimes involving financial deception.
• Defamation (Libel & Slander) – Strict laws that allow lawsuits for false statements damaging one’s reputation.
• Drug-Related Offenses – Thailand enforces severe penalties for narcotics-related crimes.
• Cybercrime – Offenses related to online fraud, hacking, and data theft.

3.2 Criminal Court Procedure

1. Investigation & Arrest – The police or prosecutors investigate the crime and issue an arrest warrant.
2. Formal Charges & Preliminary Hearings – Prosecutors determine if evidence justifies a trial.
3. Trial & Sentencing – The accused has the right to legal representation and a defense.
4. Appeal Rights – Convicted individuals can appeal their sentence to a higher court.

4. Alternative Dispute Resolution (ADR) in Thailand

To reduce litigation time and costs, Thailand encourages mediation and arbitration:

• Mediation – Courts may require parties to negotiate a settlement before trial.
• Arbitration – Used in business and international disputes, governed by the Arbitration Act B.E. 2545 (2002).

5. Legal Costs and Timeline for Litigation

• Civil cases take 12–24 months for a first-instance ruling.
• Criminal cases can take 6–18 months, depending on complexity.
• Appeals extend the process by an additional 1–3 years.
• Court Fees: Civil litigation fees range from 2% of the claim amount (subject to caps), while criminal cases are prosecuted at state expense.

6. Conclusion

Litigation in Thailand is structured, formal, and requires legal expertise. Whether dealing with a civil dispute, criminal charge, or commercial lawsuit, understanding court procedures, legal rights, and alternative dispute resolution options is crucial. Seeking professional legal counsel ensures that cases are handled efficiently and in compliance with Thai law.