THE COURT OF JUSTICE

Office of the Judiciary Information and Public Relations Division The Court of Justice

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Judiciary of

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 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

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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 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.

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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.

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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. In a province where there is no Kwaeng Court (Municipal Court), a quorum of the Provincial Court consisting of one judge shall have the power to try and adjudicate cases which are under the Kwaeng court’s jurisdiction. Kwaeng Courts (Municipal Courts) A Kwaeng Court is a General Court with the primary function to try and adjudicate minor offences criminal cases and small-claims civil cases so that such trails and adjudication would render an expeditious and just trial while protecting the rights and liberties of all the relevant parties. A Kwaeng Court has the power to try or render any adjudications which fall within the scope of a “One-Judge jurisdiction” as prescribed in the Law for the Organization of the Courts of Justice. For example, Kwaengs courts have jurisdiction to oversee trials and adjudicate civil cases where the amount of a claim does not exceed 300,000 Baht. In criminal cases, Kwaeng courts have authority and jurisdiction to oversee trials and adjudicate cases which involve such criminal offences where the maximum prescribed penalty does not exceed three years imprisonment, or a fine not exceeding 60,000 Baht or both. If the Kwaeng Court is to pass down a penalty exceeding six months imprisonment or determine a fine exceeding 10,000 Baht or both, it is required that an additional judge attends the sitting and joins the quorum for trial and adjudication of such a case.

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3.1.2 Specialized Courts The specialized courts consists of the Central Intellectual Property and International Trade Court; the Central Tax Court; the Central Bankruptcy Court; the Labor Courts which currently comprise of the Central Labor Court and the Labor Courts, Region… (I - IX); and the Juvenile and Family Courts which currently comprise of the Central Juvenile and Family Court and the provincial Juvenile and Family Courts. The specialized courts are the courts of first Instance which have specific procedures as prescribed in the Establishment of the Court and the Court Procedure Act relevant for each specialized court and such procedures thus differ from the procedures of the general courts. Judges of specialized courts possess particular competent and expert knowledge in specific matters. A quorum in some particular specialized courts, namely, the Juvenile and Family Courts, the Labor Courts and the Central Intellectual Property and International Trade Court, consists of both career judges and lay judges. Lay judges are layman recruited separately to work together with career judges to try and adjudicate cases. The Court of Appeal for Specialized Cases was recently established by law to try and adjudicate cases which are appealed on judgments or orders of the specialized courts. The dika appeal shall be in accordance with the Civil Procedure Code or the Criminal Procedure Code. The discretionary review shall be applied for civil cases which have been filed since 8 November 2015 (during the period when the Court of Appeal for Specialized Cases had not yet been instituted, appeals of the specialized cases shall be submitted to the Supreme Court. After the Court of Appeal for Specialized Cases was opened such appeals against

12 The Court of Justice judgments or orders of the specialized courts shall be submitted to the Court of Appeal of Specialized Cases). 3.2 Courts of Appeal Courts of Appeal consist of the Court of Appeal and nine Regional Courts of Appeal. Most Regional Courts of Appeal are located in Bangkok, except the Court of Appeal, Region II is in Rayong Province, the Court of Appeal, Region V is in Chiang Mai Province and the Court of Appeal, Region VIII is in Phuket Province. The Court of Appeal handles an appeal against a judgment or order of Civil Courts and Criminal Courts. Meanwhile the Regional Courts of Appeal handle an appeal against a judgment or order of the other Courts of First Instance located within their regions. According to the 2007 Constitution, Section 219 paragraph three prescribes that the Court of Appeal has power to try and adjudicate cases relevant to the election and revocation of the election rights in the election of local councils and local administrators. The jurisdictions of the Regional Courts of Appeal are consistent with the jurisdictions of the Courts of First Instance of Regions I - IX. The Court of Appeal, Region II is in Rayong Province; the Court of Appeal, Region III is in Nakhon Ratchasima Province; the Court of Appeal, Region IV is in Khon Kaen Province; the Court of Appeal, Region v is in Chiang mai Province; the Court of Appeal, Region VI is in Nakhon Sawan Province; and the Court of Appeal, Region vIII is in Phuket Province. The offices of the Courts of Appeal, Region I, VII and VIIII are located in Bangkok Metropolitan. The Court of Appeal for Specialized Cases has power to try and adjudicate cases which are appealed on judgments or orders of the Specialized Courts. The Court of Appeal for Specialized Cases consists of five specialized divisions to

13 The Court of Justice render judgment, namely, the Intellectual Property and International Trade Division which has power to adjudicate cases which are appealed on judgments or orders rendered by the Intellectual Property and International Trade Court, the Tax Division which has power to adjudicate cases which are appealed on judgments or orders rendered by the Tax Court, the Labor Division which has power to adjudicate cases which are appealed on judgments or orders rendered by the Labor Court, the Bankruptcy Division which has power to adjudicate cases which are appealed on judgments or orders rendered by the Bankruptcy Court, and the Juvenile and Family Division which has power to adjudicate cases which are appealed on judgments or orders rendered by the Juvenile and Family Court. Each of the Courts of Appeal has a Research Justice Division to assist the justices in examining all relevant factual and legal issues of the cases as well as conducting relevant legal researches. 3.3 The Supreme Court The Supreme Court is the highest court where the President of the Supreme Court, the head of the Courts of Justice, acts as the Chief Justice of the Supreme Court. The Supreme Court has power to try and adjudicate cases which are appealed on judgments or orders rendered by the Courts of Appeal in accordance with the provision of the Dika Appeal, and cases which are under the jurisdiction of the Supreme Court as prescribe by the special law, e.g. the Organic Act on the Election of Members of the House of Representatives and the Senate 2007 (B.E.2550). There is only one Supreme Court in Thailand which is located in Bangkok. The ordinary quorum in the Supreme Court consists of least three justices of the Supreme Court. However, in special cases where there are important issues, whether factual or legal issues, and the President of the Supreme Court deems it appropriate to bring the case to be adjudicated by the plenary session of the Supreme Court, the President of the Supreme Court therefore has authority to bring such cases to be adjudicated by the plenary session of the Supreme Court. The Supreme Court also has a Research Justice Division having powers and duties

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similar to those in the Courts of Appeal, the Regional Courts of Appeal, and the Court of Appeal for Specialized Cases. The Supreme Court has the Criminal Division for Persons Holding Political Positions to act as a trial court in a case where the Prime Minister, a minister, member of the House of Representatives, senator or other political official is accused of becoming unusually wealthy, committing malfeasance in office according to the Criminal Code, performing duties dishonestly, or being corrupted according to other laws. In trial, a member of the House of Representative or a senator is unable to claim the immunity provided in the constitution. The Supreme Court Criminal Division for Persons Holding Political Positions must rely on the record of the National Anti-Corruption Commission and may conduct an enquiry to obtain additional facts and evidence, as it deems appropriate, according to the procedure prescribed in the Organic Law on Criminal Procedure for Persons Holding Political Position B.E. 2542 (1999). The judgment becomes final except when new evidence emerges. In such case, the appeal shall be filed with the plenary session of the Supreme Court. The quorum of this special division of the Court consists of nine justices of the Supreme Court who hold position of not lower than justices of the Supreme Court or senior justices of the Supreme court, and are elected by a plenary session of the Supreme Court justices on a case by case basis. A judgment will be made by a majority of votes; provided that each justice constituting the quorum will prepare the written opinion and make oral statement to the meeting before making decision. Orders and decisions of the Supreme Court Criminal Division for Persons Holding Political Positions will be published and final.

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4. Judge There are four types of judges in the current system, namely, a career judge, senior judge, lay judge, and Kadi (Datoh Yutithum). 4.1 Career Judge Career judges are recruited by the Judicial Commission and are appointed by His Majesty the King. Besides having certain qualifications such as being of Thai nationality, at least 25 years of age, passing the examination of the Thai Bar Association to become a barrister at law, and having not less than two years working experience in legal professions, a candidate must pass a highly competitive examination given by the Judicial Commission. Once the candidates are recruited, they have to be trained as judge-trainees for at least one year. Those candidates who complete the training with satisfactory result will be approved by the Judicial Commission and tendered to His Majesty the King for royal appointment to be a junior judge. A solemn declaration before His Majesty the King is also required before taking office as a judge. 4.2 Senior judge According to the Act on Rules for Appointing and Holding Senior Judge Position, B.E. 2542 (1999), judges who may be senior judges must be at least sixty years of age and have performed the judicial service for at least twenty years and also pass the assessment of fitness performance. Judges who are qualified and wish to be senior judges must express their intention in writing to the President of the Supreme Court. Senior judges are able to remain in the office until they reach seventy years of age.

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A senior judge cannot be appointed to hold an the office of court executives; namely, a Chief Justice, or even to perform duties in place of such person. Further, a senior judge is prohibited from being elected to be a commissioner of the Judicial Commission or the Judicial Administration Commission, but has the rights to vote in the election of such commissioners. 4.3 Lay Judge Lay Judges are laymen recruited specially to perform duties in the Juvenile and Family Courts, the Labor Courts or the Intellectual Property and International Trade Court. The aim of having lay judges is to have experienced persons or experts in a relevant field who can work together with a career judge in trial and adjudicating cases. Unlike a career judge, becoming a lay judge is not a permanent position. Each lay judge holds the office for a term of certain years as prescribed in the Juvenile and Family Court and Procedure Act, and other relevant Act establishing the particular Specialized Courts, in which he or she is working for. 4.4 Kadi (Datoh Yutithum) According to the Act on the Application of Islamic Law in the Territorial Jurisdictions of Pattani, Narathiwat, Yala, and Satun Provinces, B.E. 2489 (1946), the Islamic Law on Family and Succession except the provisions on prescription in respect of succession shall apply instead of the Civil and Commercial Code in adjudicating civil cases concerning family and succession of Muslims. In such cases, career judges and a Kadi who is an expert in Islam will sit on the bench together to adjudicate the case to comply with the principle of Islam. A Kadi must not be less than thirty years of age, know at the prescribed level, and have knowledge in Islam to enable him to apply the Islamic laws relating to family and succession.

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5. Committee on the Determination of the Powers and Duties among Courts The Committee on the Determination of the Powers and Duties among Courts has power to try and adjudicate issues relevant to the jurisdiction among the Court of Justice, the Administrative Court, the Military Court, and other courts, as well as to make decisions on the conflict between final judgments or final orders of the different courts, and others cases in which jurisdictions of the courts are in conflict. The Committee on the Determination of the Powers and Duties among Courts consists of the President of the Supreme Court as Chairman, the President of the Administrative Court, the Presidents of other Courts, and not more than four qualified persons as prescribed by law. In addition, the Secretary of the Supreme Court is the Secretary of the Committee. The Office of the Committee on the Determination of the Powers and Duties among Courts which is under the Office of the Judiciary, manages both secretarial and administrative works, and follows the order of the Committee.

6. Administrative Organization of the Courts of Justice In administering personnel and budget of the Courts of Justice, the Office of the Judiciary has done through three separate Commissions, i.e., the Judicial Commission, the Judicial Administration Commission, and the Commission for Judicial Service. The Judicial Commission chaired by the President of the Supreme Court and mainly composed of the Commissioners elected from judges in all levels of the Courts of Justice deals with appointment, transfer,

18 The Court of Justice promotion and disciplines of judges whereas the Commission for Judicial Service chaired by the most senior Vice-President of the Supreme Court and mainly consisting of both the Commissioners appointed by the Judicial Commission from judges in all levels and the Commissioners elected from senior judicial service officers handles appointment, transfer, promotion and disciplines of judicial officers. The Judicial Administration Commission chaired by the President of the Supreme Court and mainly composed of the Commissioners elected from judges in all levels of the Courts of Justice is mainly responsible for approving budget plan and managing the budget, issuing regulations and notification concerning administrative and secretarial works of the Office of the Judiciary. The law requires that each Commission must have at least certain number of Commissioners who are qualified persons and are not judges, to ensure accountability and transparency.*

* The Proclamation of the Commission for Judicial Service on a Comparison between Positions according to the Civil Service Act B.E. 2535 and Positions according to the Civil Service Act B.E. 2551, as well as the Decision of the Commission for Judicial Service No. 17/56 dated 5th September B.E. 2556, prescribes that judicial service officers who have a right to be elected as or elect the Commission for Judicial Service (type: judicial service officer) before 1st December B.E. 2552 still have the same right as usual. For the judicial service officers holding a general position category, senior level who have been changed from the judicial service officers rank 7 since 1st December B.E. 2552, and the judicial service officers promoted onto senior level, if holding position rank 7, or senior level, or rank 7 together with senior level not less than one year with the qualification under criteria for position rank 8 and a one-year experience more than two years until the day of ballot submission, those have a right to be elected as the Commission for Judicial Service. For the judicial service officers holding a general position category, experienced level who have been changed from the judicial service officers rank 5 since 1st December B.E. 2552, and the judicial service officers promoted onto experienced level, if holding position rank 5, or experienced level, or rank 5 together with experienced level not less than two years with the qualification under criteria for position rank 6 and a one-year experience more than three years until the day of ballot submission, those have a right to elect the Commission for Judicial Service.

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7. Office of the Judiciary According to the 1997 Constitution, and the present 2007 Constitution, the Courts of Justice have an independent secretariat, namely, the Office of the Judiciary headed by the Secretary - General who will report directly to the President of the Supreme Court. Appointment of the Secretary-General of the Office of the Judiciary must be approved by the Judicial Commission. The President of the Supreme Court will be empowered to instate and proceed to the King for the Royal Command of Appointment. The Secretary-General of the Office of the Judiciary shall be appointed from a person who has been transferred from a judge. The Office of the Judiciary has autonomy in personnel administration, budget, and other activities as provided by law. It has its own staffs and is divided into several offices and divisions. Office of Information Technology, Alternative Dispute Resolution Office, Office of Judicial and Legal Affairs, and the Judicial Training Institute are also under the Office of the Judiciary. The work of the Office of the Judiciary concerning international judicial cooperation is under responsibility of the International Affairs Division. According to the Judicial Administration of the Courts of Justice Act 2000 (B.E.2543), the Office of the Judiciary established as an official organization having a status of a juristic person. Furthermore, the Office of the Judiciary has powers and duties regarding the administrative works of the Court of Justice, the judicial affairs and the judicial technical affairs in order to support and facilitate the Court of Justice as well as to ensure that a trial and adjudication is expediently, speedily and efficiently carried out. The internal official organizations of the Office of the Judiciary are categorized as follow:

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(1) Office of the President of the Supreme Court (2) Office of the Judicial Administration Commission (3) Office of the Judicial Commission (4) Office of the Commission for Judicial Service (5) Judicial Training Institute (6) Rabi Bhadanasak Research and Development Institute (7) Office of Judicial and Legal Affairs (8) Office of Finance (9) Office of Personnel (10) Office of International Affairs (11) Office of Litigation Affairs (12) Office of Internal Audit (13) Office of Information Technology (14) Office of Central Administration (15) Office of Design and Construction Management (16) Office of Property Management (17) Office of Planning and Budget (18) Office of Judicial Affairs (19) Office of Arbitration (20) Information and Public Relations Division (21) Academic Resources Center (22) Office of the Committee on the Determination of the Powers and Duties among Courts on Submission Procedure for Consideration and Determination (23) Administrative Office of the Court of Justice, Region … (I - IX), under the announcement of the Judicial Administration Commission with the approval of the President of the Supreme Court (24) Administrative Office of the Supreme Court (25) Administrative Office of the Court of Appeal (26) Administrative Office of the Court of Appeal, Region … (I - IX) (27) Administrative Offices of Civil Court, Administrative Offices of Thon Buri Civil Court, Administrative Offices of, Bangkok South Civil Court

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(28) Administrative Offices of Criminal Court, Administrative Offices of Thon Buri Criminal Court, Administrative Offices of, Bangkok South Criminal Court (29) Administrative Office of the Central Bankruptcy Court (30) Administrative Office of the Central Intellectual Property and International Trade Court (31) Administrative Office of the Central Labor Court (32) Administrative Office of the Labor Court, Region … (I - IX) (33) Administrative Office of the Central Tax Court (34) Administrative Office of the Central Juvenile and Family Court (35) Administrative Office of the Provincial Juvenile and Family Court and Administrative Office of the Provincial Court, Juvenile and Family Case Division, under the announcement of the Judicial Administration Commission with the approval of the President of the Supreme Court (36) Administrative Office of the Provincial Court and Administrative Office of the Kwaeng Court, under the announcement of the Judicial Administration Commission with the approval of the President of the Supreme Court (37) Administrative Office of the Provincial Court and Administrative Office of the Kwaeng Court, under the announcement of the Judicial Administration Commission with the approval of the President of the Supreme Court Training in Public Service and Public Relations Section 3/1 of the State Administration Act, B.E. 2545 (2002) prescribes that management of the public sector shall be citizen-centered, and Sections 37, 38 and 39 of the Royal Decree on Criteria and Procedures for Good Governance, B.E. 2546 (2003) emphasize that public administration shall

22 The Court of Justice response to public need and generate public benefit. In addition, according to the National Economic and Social De- velopment Plan, in agreement with the Judicial Strategic Plan, public facilita- tion and service provision to those who come in contact with the courts, commu- nity service in learning and protection of rights and freedom of the public, and service mindedness are emphasized. These are with the aim of increasing ef- ficiency in the administration of justice to the public and society with rightfulness, speediness, fairness and thoroughness. To be in line with the aforementioned, Office of the Judiciary has arranged the project to enhance skills at public service and public relations among public relations officers in order to have knowledge of court system and ability to provide guidelines to parties who come in contact with the courts, including communication skills for good image of the organization and good impression on the public with the objectives as follows: 1) To have personnel who have knowledge of court system in order to give guidelines to parties or public who come in contact with the courts with the proper information resulting in public satisfaction; 2) To have professional public relations officers who have efficient communication techniques resulting in good image of the organization; 3) To have service minded personnel who think of the interest of public and society.

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Key performances of the Office of the Judiciary: • Promoting development of the adjudication works of all courts to be fair, speedy, and transparent, as well as maintaining faith and admiration of people in judgment of the Courts by means of organizing, monitoring, accessing, and developing mechanics to support the continuous trial with full quorum of judges; standardizing timeframe for each category of cases; increasing efficiency of case management and judicial services to meet international standards; developing criminal procedure for persons holding political position; and also for juveniles who are injured persons to be testified through psychologist; • Developing fair and speedy alternative dispute resolution mechanism and in accordance with international standards by way of conciliation, mediation, and arbitration; • Protecting rights and liberties of people and facilitating parties of cases effectively by means of amending law, regulation and procedure with regard to the process of issuing search warrant, arrest warrant, and other types of criminal warrant; standardizing bailing procedure for the suspects or accused in criminal cases; providing interpreters for parties or witnesses who are foreigners, as well as improving work efficiency of such interpreters to be in accordance with international standards in order to guarantee the protection of human rights. As a result, the Thai judicial system will be widely recognized domestically and internationally; • Developing information technology and communication systems to network all offices and courts together in order to share knowledge and information, as well as to serve adjudication works and alternative dispute resolution to be efficient. This includes using computer inrecording witness testimony and communicating via video conference;

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• Distributing knowledge of laws and court proceedings to the public in order to promote people recognition of the right to a speedy, continuous, and fair trial, as well as communicating roles and responsibilities of the Courts of Justice and the Office of the Judiciary to them via several communication resources such as television or radio broadcasting, radio telecommunication, website, and publication; • Developing structure and management of the Courts of Justice by adapting the ISO and PSO standardized system and encouraging every court to provide best judicial services through project of rewarding the courts with distingnished service. • Improving human resources: all judges, judicial service officers, and employees, as well as their work potential and skills systematically and continuously. The office responsible for this duty is the Judicial Training Institute;

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• Cooperating and promoting international judicial relationships, including the negotiations of various international agreements, for instance, the Agreements on Mutual Assistance in Criminal Matters with China, Australia, Sri Lanka, India and Belgium, as well as the Treaties on Transfer of Offenders and Cooperation in the Enforcement of Penal Sentence with Netherlands, Belgium and Laos. The International Affairs Division is the main office to take care of such substantial responsibilities; • Supporting research programs for the development of law and system of the Courts of Justice by making the master plan; seeking scholarships; promoting the involvement of public and private sectors toward the program, as well as advancing the court libraries in terms of modern technology and research utility; • Paying very close attention and taking care of welfare, housing, living conditions and safety of judges, judicial service officers, and also employees to be in the standard of general satisfaction; • Participating in major national ceremonies or activities with the public and private sectors; In performing all those missions, the Office of the Judiciary has always done with the strong determination to achieve its significant roles to promote and support all works of the Courts of Justice, most importantly, to preserve justice to the people with honesty, fairness, equality, rightfulness, convenience, speed, and modernity in accordance with international standards towards leadership as a model in justice process, legal academic and services, ethic and virtue widely recognized domestically and internationally, as well as to be the last resource of justice for the people, perpetually. Public benefit of the Courts of Justice’s independence from the administrative sector: There are many public advantages on having independent administrative organization for the Courts of Justice

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First of all, public can be confident that judicial power is really independent and this independence is a guarantee in facilitating justice to the public. The second advantage is that public will receive better and faster service as a result of its independence in personnel administration, financial management and other procedures, enabling the organizational development to have good management system and be able to solve former problems. The third advantage is that personnel and administrative management system has outsiders taking part in acknowledgement and investigation. The examples are the various committees in the Courts of Justice including Judicial Commission, Judicial Administration Commission and Commission for Judicial Service which also have the outsiders. This guarantees the transparency of judiciary administrative management. The last advantage is that the system of the Courts of Justice can facilitate the justice as equally as other civilized countries. Foreigners with legal problems or with an idea of investment or doing business in the country can have confidence that Thailand has Judiciary Institute that is independent, stable, and is not interfered by any party. The Courts of Justice and Development in Preparation for International Changes • ASEAN Cooperation Center in Preparation for AEC The ASEAN Cooperation Center, the Office of the Judiciary, has its missions for collecting news, academic reviews, websites, and other media to disseminate the information on AEC; arranging training programs about ASEAN

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for any offices of the Courts of Justice; initiating and coordinating staff exchange among judicial institutes of the ASEAN members; and providing the administration of justice internationally for the ASEAN members; for instance, extradition, court treaty making, and academic collaboration. The center is located in the International Affairs Division, Criminal Court Building, 12th Floor, Ratchadapisek Road, Bangkok. • Standby Court Interpreter The “Standby Court Interpreter” Project has been launched to support the duty on providing interpreters by the Office of the Judiciary, and create public consciousness of standby court interpreters in the protections of rights and liberties among people. In addition, as Thailand is moving towards the ASEAN Community by B.E. 2558, there may be a considerable increase in numbers of foreign parties, injured persons, and witnesses who rely upon Thai judicial processes. In this regard, a standby court interpreter is a person who has been registered by the Office of the Judiciary or a person who works voluntarily and devoted himself or herself to take that responsibility. This project reflects that the Courts of Justice of Thailand have paid attention to the significance of human rights protection and the readiness for AEC. Other countries world-wide will increasingly accept and confide in Thai judicial processes.

28 The Court of Justice Specialized Cases Specialized The Court of Appeal for Appeal of Court The - Juvenile and Family Court Family and - Juvenile Court Family and Juvenile - Central and Property intellectual - Central Court Trade International Court Bankrupcy - Central Court Tax - Central Court Labor - Central I-IX Region Court - Labor in Provinces in Region I-IX Region The Court of Appeal, of Court The - Provincial Courts - Provincial Courts - Kwaeng The Supreme Court Supreme The The Court of First Instance First of Court The

Organization Chart of the Court Justice The Court of Appeal of Court The Provincial Court, Phra Khanong Provincial Court Provincial Khanong Phra Court, Provincial The Court of First Instance in Bangkok in Instance First of Court The - Civil Court,Bangkok South Civil Court, Civil South Court,Bangkok - Civil Court Civil Buri Thon Court, Criminal South Bangkok Court, - Criminal Court Criminal Buri Thon Chan Taling Court, Provincial Buri - Min - Phra Nakhon Nuea Kwaeng Court, Kwaeng Nuea Nakhon - Phra Court Kwaeng Tai Nakhon Phra Court, Kwaeng Dusit Court, Kwaeng Buri - Thon Court Kwaeng Wan Pathum

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Organization Chart of the Office of the Judiciary Court of justice President of the Supreme Court

Judicial Judicial Administration Office of the Judiciary Commission for Commission Commission Secretary - General Judicial Service of the Office of the Judiciary Deputy Secretary - General Advisor to the Administration of the Court of Justice Inspector Assistant Secretary - General of the Office of the Judiciary Office of Internal Audit

Judicial Administration Rabi Bhadanasak Research Office of Information Office of the President Commission Judicial Commission and Development Institute Technology of the Supreme Court Judicial Training Commission for Office of Judicial and Office of Central Institute Office of Finance Judicial Service Legal Affairs Administration Office of the Committee on Office of Design and the Determination of the Powers Office of Personnel Office of International Information and Public and Duties among Courts on Construction Management Affairs Relations Division Submission Procedure for Consideration and Determination Office of Property Office of Litigation Academic Resources Management Affairs Center Administrative Office of the Supreme Court Office of Planning and Budget Office of Judicial Affairs Administrative Office of the Court of Justice, Region … (I - IX) Office of Arbitration Administrative Office of the Court of Appeal Administrative Office of the Court in Bangkok Administrative Office of the Court of Appeal, Civil Court, Bangkok South Civil Court, Region … (I - IX) Thon Buri Civil Court Criminal Court, Administrative office of Bangkok South Criminal Court, the provincial Juvenile and Thon Buri Criminal Court Family Court and Administrative office of Administrative Office of the Provincial Court, the Central Labor Court Juvenile and Family Case Division Administrative Office of Administrative Office of the Central Intellectual Property the Provincial Court and and International Trade Court Administrative Office of the Kwaeng Court Administrative Office of the Central Labor Court Administrative Office of the Provincial Court and Administrative Office of Administrative Office of the Central Tax Court the Kwaeng Court Administrative Office of Administrative Office of the Central Juvenile and the Labor Court, Family Court Region … (I - IX)

30 The Court of Justice

Judicial Gown of the Courts of Justice In the reign of King Rama VI, judges at all levels were required to wear barrister gowns when they adjudicated cases and to use the gowns in other formal occasions but there was no regulation mandating judicial gowns as symbols representing status of judges and kadis. In B.E. 2534 (1991) during the reign of the present King, the Act on Gowns for Judges and Kadis was enacted. 1. Gowns for judge and kadis must have features and components as follows: 1.1 A gown for a judge is black robe at above ankles length. The body of the gown is slit from the breast level and connected with zipper. A long stripe of black velvet with 6.5 centimeters width surrounds the gown’s neck and covers both slit sides to the lowest part. A round golden metal with 2.5 centimeters width is attached at the left of the breast of the gown. The upper part of the metal has “Phra Maha Phichai Crown” over a badge and “Phra Dullapah” sign situated on top of a two-tier tray with a supported base. The lower part of the metal has Garuda holding a Nagas (great snakes) under its feet. Each left and right side of the metal is surrounded by four budding lotuses. 1.2 A gown for a kadi has similar features and components to a gown for a judge. The only difference is the colour of the robe and that of the long stripe of velvet, which are dark blue and blue purple respectively. 2. Judges and kadis of the Courts of Justice may wear or use gowns in performing judicial functions or in other proper occasions but must not wear the gown when they appear in courts as parties or witnesses.

31 The Court of Justice

Office of the Judiciary

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