The Court of Justice the Court of Justice
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THE COURT OF JUSTICE Office of the Judiciary Information and Public Relations Division The Court of Justice 2 The Court of Justice Judiciary of Thailand Description and Meaning of the Emblem 1. The emblem is featured in a circular shape (no limit size). 2. The element of the emblem consists of the “Phra Maha Phichai Crown” (the Great Crown of Victory) over a badge and the “Phra Dullapah” sign (the scale) situated atop a two - tier tray with a supporting base. The emblem also features a Garuda holding Nagas (the great snakes) and lifting the tray above its head and is surrounded by nine lotuses, eight budding and one blooming. 3. Meaning 3.1 The “Phra Maha Phichai Crown” over the badge means His Majesty the King. 3.2 The Lotus represents purity and nine lotuses mean King Rama IX. 3.3 The sign of “Phra Dullapah” on a two - tier tray with a supporting base means that justice is based on a solid foundation. 3.4 The Garuda holding Nagas represents the Kingdom of Thailand. The overall meaning is that King Rama IX provides justice throughout the Kingdom of Thailand. 3 The Court of Justice C ontent Page 1. Introduction 6 2. Structure 8 3. Judicial System 9 3.1 Courts of First Instance 9 3.1.1 General Courts 10 3.1.2 Specialized Courts 12 3.2 Courts of Appeal 13 3.3 The Supreme Court 14 4. Judge 16 4.1 Career Judge 16 4.2 Senior Judge 17 4.3 Lay Judge 18 4.4 Kadi (Datoh Yutithum) 18 5. Committee on the Determination of the Powers 19 and Duties among Courts 6. Administrative Organization of the Courts of Justice 19 7. Office of the Judiciary 21 • Training in Public Service and Public Relations 24 • Key performances of the Office of the Judiciary 25 • The Courts of Justice and Development in Preparation 29 for International Changes • Judicial Gown of the Courts of Justice 30 4 The Court of Justice Vision of the Court of Justice “The Courts of Justice shall exercise judicial power to maintain sovereignty and peace of society, by providing administration of justice under the rule of law with promptness, justice, and international standard. In addition, the Courts of Justice shall attempt to use appropriate and advanced technology for easy public access to the administration of justice by the year 2017.” 5 The Court of Justice The Judiciary of Thailand 1. Introduction The history of the Thai legal system and the judiciary can be dated back as far as the Sukhothai period (A.D. 1238 - 1350) where the King was the “Fountain of Justice” who himself adjudicated the disputes between his citizens. During the Ayutthaya period (A.D. 1350 - 1767), the Thai legal system developed and was crystalized in a form which was to last until the close of the nineteenth century. The Dhammasattham derived from the ancient Hindu jurisprudence was established as the law code of the realm and formed part of the Thai national heritage. It was a fundamental law of individual liberty and private rights dealing with both civil and criminal matters. The concept of royal justice administered during the Sukhothai was also carried through the Ayutthaya. The reign of King Taksin the Great between A.D. 1767 - 1782 had little development in the legal field since the country was beset with series 6 The Court of Justice of battles. Later at the beginning of the Chakri Dynasty in 1782, the laws derived from the Ayutthaya period were revised and completed in 1805 resulting in the written form of law called “The Law of Three Seals.” It had been the authority of the land until the reign of King Rama V, when a reform of the legal and court system was introduced together with an open door policy of trading with foreign nations. In 1882, King Rama V founded the first building of the Courts of Justice. Later, in 1892, the Ministry of Justice was established and brought about the centralization of all Courts of Justice. Meanwhile, the first law code was promulgated in 1908 on criminal law. The foundering father of modern Thai law was Prince Rabi of Ratchaburi who played a leading role in introducing a modern system of judicial administration. The drafting of the Civil and Commercial Code was started in the reign of King Rama V and was completed during the reign of King Rama VII. The Revolution of 1932 had an important effect on the Thai legal and judiciary system since it changed the form of government from an absolute monarchy to a constitutional monarchy. The Constitution vested the judiciary power with the Courts. Judges perform their duties in the name of the King and are assured of independence in adjudicating cases according to the law. The Constitution is the supreme law of the land that establishes the powers, functions and duties as well as the structure of the Executive, the Legislative and the Judiciary. The Constitution of the Kingdom of Thailand, B.E. 2540 [1997] has had a substantial impact on the reorganization of the political system as well as the judicial system in Thailand. The types of courts recognized under the 1997 Constitution and also the present 2007 Consititution are the Constitutional Court, the Courts of Justice, the Administrative Courts and the Military Court. The Constitutional Court and the Administrative Court were established as a result of the provisions of such constitution. Although this change decreases the scope of the jurisdiction of the Courts of Justice, most cases fall under the jurisdiction of the Courts of Justice. 7 The Court of Justice 2. Structure The structure of the Court of Justice is divided into two parts : administration and adjudication. Before August 20, 2000, the Ministry of Justice was responsible for the administrative works of all courts. The main role of the Ministry of Justice was to provide courts with supports, including budget, personnel and office equipment, to enable them to operate their works efficiently. At present, the Office of the Judiciary, an independent organization and a juristic person, is the only organization responsible for the administration of the Courts of Justice. This change will guarantee independence of the Thai Judiciary from political interference. In the judicial service, the law prescribes that the trial and adjudication of cases are within the powers of courts, which must proceed with justice under the law and in the name of His Majesty the King. In addition, the law prescribes that 8 The Court of Justice the Courts of Justice have the power to try and adjudicate criminal, civil, bankruptcy, and all cases which are not within the jurisdiction of other types of courts (while such other courts i.e. the Constitutional Court, the Administrative Court, and the Military Court, have power to try and adjudicate merely particular cases that fall under their jurisdictions.) 3. Judicial System The Courts of Justice are classified into three levels consisting of the Courts of First Instance, the Courts of Appeal and the Supreme Court. The Courts of Justice have continually developed to better deliver and render justice and adjudicating. This is clearly evidenced from, inter alia, the increase in number of the courts, the establishment of new divisions and branches of courts, the establishment of the specialized courts, the establishment of the case management system to increase efficiency and reduce expenses and cost in judicial proceeding, the successive hearing and a quorum system, and the encouragement for alternative dispute resolution methods such as mediation and arbitration to the traditional adjudication function of the courts. 3.1 Courts of First Instance The Courts of First Instance are the courts which receive a plaint or a motion in the preliminary judicial proceeding. Following the trial, these Courts are the first Courts that render judgment. Additionally, the Courts also have the authority to perform some proceedings on behalf of the Courts of appeal 9 The Court of Justice and the Supreme Court, e.g. pronouncing the judgment or the order delivered by those higher courts etc. The Courts of First Instance are categorized into 2 types: general courts and specialized courts. 3.1.1 General Courts General Courts are categorized into 2 types as follows: 1) The General Courts in the Bangkok Metropolitan which are comprise of the following specific Courts: The Civil Court, The Bangkok South Civil Court, The Thon Buri Civil Court, The Criminal Court, The Bangkok South Criminal Court, The Thon Buri Criminal Court, The Min Buri Provincial Court, The Taling Chan Provincial Court, The Phra Khanong Provincial Court, The PhraNakhonNua Kwaeng Court, The PhraNakhon Tai Kwaeng Court, The Thon Buri Kwaeng Court, The Dusit Kwaeng Court and The Pathumwan Kwaeng Court. 2) General Courts in other provinces which are comprise of the following for each of the designated regions and associated provinces, Region … (I - IX). The Administrative Office with respect to that of particular Provincial Courts and Kwaeng Courts in Region I - IX provides management and administrative support services to said courts. The regional Chief Justice has requisite powers and duties to both administer the work of the General Court in the region as well as to perform as a judge in any court within his or her region. In addition, the Administrative Offices of the Court of Justice, Region … (I - IX) are responsible for the administrative works. 10 The Court of Justice Provincial Courts Provincial Courts exercise unlimited original jurisdiction in all general civil and criminal matters. A quorum of the Provincial Courts consists of at least two judges and shall not comprise of more than one Junior Judge.