Civil cases cover a broad range of legal issues including contracts, property disputes and family law matters. In general, the burden of proof in civil litigation rests with the party making the claim.

A defendant’s lawyer will challenge the prosecution’s case by cross-examining witnesses and questioning their evidence. Defendants have a right to an effective defence.

Jury trial

Like most jurisdictions, litigation in Thailand is largely judge-centric. As there is no jury system, it is the responsibility of the court judge presiding over a case to decide the guilt or innocence of a defendant and, in a guilty verdict, to determine sentencing. It is the duty of a criminal defense lawyer to ensure that the process is conducted fairly and that all legal procedures are followed.

A good criminal attorney will be able to anticipate the moves of opposing counsel and work to prevent surprises throughout the trial process. They will also be able to build a strong and persuasive case for their client in order to secure an acquittal or a favorable sentence.

Before a trial commences, the court will evaluate whether there is sufficient prima facie evidence to proceed with the case. This includes assessing the accuracy of statements made by witnesses and the strength of the prosecution’s evidence.

Following the trial, an appeal may be filed to a higher court if there are significant legal errors or mistakes in the trial court’s decision. This appeal is generally conducted by the Court of Appeal in Bangkok and the other nine regional courts, with the Supreme Court (Dika) hearing only those cases with major points of law or matters of public interest. It is important to have an experienced criminal lawyer with knowledge of the Thai judicial system to ensure the best outcome.

Trial by jury

In Thailand, as in most common law jurisdictions, the criminal court system does not use juries. Instead, judges decide the outcome of a case based on the evidence presented at trial. If the court finds that a defendant is guilty, it may impose a range of penalties. These include fines, confinement, and prison terms. The judge will consider a variety of factors when determining the penalty, including the severity of the offense and the defendant’s background. The court will also assess the defendant’s cooperation, rehabilitation prospects, and age/education.

If a defendant pleads guilty, the court may reduce their sentence by not more than half. However, the defendant must still face a minimum term of three years. Defendants have the right to a fair trial, and a judge must hear evidence and arguments from both sides before making a decision. Moreover, the courts must comply with the rules of natural justice and ensure that defendants’ rights are respected.

The prosecution must meet a high standard of proof to convict an accused person. This includes presenting the facts and demonstrating that the person committed the crime and that they did so intentionally. If the prosecutor cannot satisfy this burden of proof, the accused must be found not guilty. If the accused is acquitted, they can claim compensation for malicious prosecution.

Plea-bargaining

A defendant has the option to plead guilty in Thailand. Defendants may be offered leniency or credit for their cooperation with the prosecution. However, there are certain rules and guidelines that govern the government’s ability to offer leniency programmes.

In Thailand, the burden of proof in criminal cases is beyond a reasonable doubt. This means that the plaintiff must show that the defendant knowingly committed an offense and had intention or awareness of the wrongdoing. The court also considers whether the defendant’s actions were justified, including any mitigating factors.

The judge presiding over the case is able to review evidence presented by both sides. In the event of a conviction, the sentence is determined by the court. A defendant has the right to appeal the lower court’s decision to the Court of First Instance or the Supreme Court.

Defamation in Thailand is a criminal offence and can result in imprisonment or a fine. Defamation can be committed by verbal, written, or social media attacks. Unlike in the West, Thailand treats defamation as a serious crime and may be punished by imprisonment or fine.

The police and the prosecutor are integral to the criminal justice system in Thailand, but they do not have the same powers as judges in the United States. Specifically, the police do not have the power to decide what charges to file against the defendant or what punishment to recommend to the judge.

Appeals

The Thai criminal justice system has a three-tier system that includes the Court of First Instance, the Court of Appeal (including the Court of Appeal for Specialised Cases), and the Supreme Court. The courts are presided over by judges who are selected and appointed by the Judicial Service Commission. The courts do not utilise juries in either civil and criminal cases in Thailand.

Civil litigation in Thailand is based on a claim for damages against the defendant, which can be a person or corporation. Damages are assessed by the court and are primarily compensatory in nature, though punitive damages may be awarded under certain statutory contexts such as intellectual property infringement cases. The process of obtaining a judgment in civil cases can take up to two weeks to a month, depending on the court’s schedule.

Defendants have a right to a speedy trial, and there are laws that police and prosecutors must comply with in order to ensure that this right is protected. If a defendant is denied this right due to delays, it could be a reason for an appeal.

An appeal to a higher court is not automatic – the Supreme Court grants permission for an appeal only in cases that involve significant legal questions or public interest. The appellate court conducts no new witness hearings, but reviews the trial transcript and evidence to look for errors in law or fact.