Office of the Judiciary People’s Manual for Information and Public Relations Division Criminal Court Tower, Ratchadapisek Rd., Chatuchak, Bangkok 10900 Tel. 0 2541 2329 Fax. 0 2541 4790 www.coj.go.th CourtCourt ServicesServices People’s Manual for CourtCourt ServicesServices

Content Index Page General Information - Vision of the Court of Justice 11 - Strategies of the Court of Justice 11 - Missions of the Court of Justice 12 - What is Court of Justice? 13 - 21st of April, the Court of Justice Day 17 - Do you know when was the Court of Justice 17 separated from Ministry of Justice? - Judicial Commission (Gor.Tor.) 18 - Judicial Administration Commission (Gor.Bor.Sor.) 19 - Commission for Judicial Service (Gor.Sor.) 20 - Judges of the Court of Justice 21 - What is the Office of the Judiciary? 28 How to Perform When Going to Court - How to conduct when arriving at the court 29 - What can court public relation officers 29 (blue uniform) help you? - What to perform when sitting in a court room? 31

4 People’s Manual for Court Services Page - Procedures after receiving court order 31 - What to do when being summoned to testify 32 - What is giving testimony? 34 - Will there be criminal charges for giving false testimony? 35 - Ten Recommendations before appointing a lawyer 35 - Where to initiate a suit? 37 - Who can file a plaint? 39 - How to appeal the judgment? 40 Alternative Dispute Resolution (ADR) - What is Alternative Dispute Resolution 41 - What is mediation? 42 - Who is a mediator? 42 - Benefits from mediation 43 - Cases or disputes that can be mediated 44 - Rules of mediation 44 - How to enter court mediation 45 - Mediation during the appeal 46 - Arbitration defined 47 - The benefits of Arbitration 48

People’s Manual for Court Services 5 หน้า General Knowledge on Civil Case - What is Civil Case? 49 - Differences between petty and simple case 50 - Which documents are necessary for 50 filing a civil suit? - Civil case court fee 51 - Preparation for defendant in a civil case 51 - Who can file for a waiver of court fees? 52 - How to petition for administration of an estate? 53 - Application for judicial order of absent person 55 - Application for judicial order of quasi-incompetent 57 person - Application for judicial order of incompetent person 59 - What you should know after have been asking 60 debt payment - How to do when you are sued 61 - How to asking for suspend execution or 62 giving guarantee General Knowledge on Consumer Case - Consumer Case, the knowledge that everyone 63 should know

6 People’s Manual for Court Services หน้า - Who can take a legal action in the consumer case 64 - Which court can receive the plaint of 66 the consumer case - Expense regarding consumer case procedure 67 - Limitation period for filing consumer cases 67 - Power to take a legal action on behalf of consumers 69 - Process for filing a consumer case 69 - In consumer case, the court can direct 70 the parties to mediation - Appealing the consumer case is allowed or not 70 - How to execute for the case that consumer has won 72 General Knowledge on Criminal Case - What is Criminal Case? 73 - What are the criminal punishments? 74 - Criminal case procedure for injured persons 75 - Rights of the accused and defendant 75 - How to do when being accused in criminal case 77 - Appointing a pro bono lawyer 78 - Preparation for appearing in court as a defendant 79 in a criminal case

People’s Manual for Court Services 7 หน้า - When can a request for provisional release 79 be made to the court? - The court criteria for consideration of a request 80 for provisional release - Beware of the person who claimed that 81 they can help obtaining provisional release - How to request bail for an accused or defendant 81 from the court - Who has the rights to bail an accused or defendant? 83 - The guarantee used in securing provisional release 83 - What is a freedom insurance or bail bond? 85 - Documents used for requesting provisional release 86 - Procedure to request bail for an accused 88 or defendant - What is the duty of a bail bondsman? 90 - What to do if the bail bondsman has been fined 91 - Withdrawal of the bail guarantee 92 - Receiving assets or cash from the court 92 - Return of seized assets 92 - Probation and performing community service 93 in lieu of a fine

8 People’s Manual for Court Services หน้า - Can an injured person request to enforce 93 the defendant to pay compensation? - How to file a motion for retrial 94 - What steps does an official need to comply 95 with when executing a search under a search warrant issued by a court - What to do when the court issued an arrest warrant 96 - Knowledge about court expense and court fee 97 - Do not believe a person claiming that he or 98 she can unduly influence the outcome of a case - Whom to ask when having problem regarding 98 filling application, petition or statement

What are Special Court and Specialized Court - What are Special Court and Specialized Court? 101 - What is the Juvenile and Family Court? 102 - What is the Labor Court? 105 - What is the Intellectual Property and 108 International Trade Court? - What is the Tax Court? 114 - What is the Bankruptcy Court? 116

People’s Manual for Court Services 9 10 People’s Manual for Court Services Vision of the Court of Justice “The Court of Justice shall exercise judicial power to maintain sovereignty and peace of society, by providing administration of justice under rule of law with promptness, fairness and in accordance with international standard. In addition, the Court of Justice shall attempt to use appropriate advanced technology to enhance the case of public access to justice by the year 2017.” Strategies of the Court of Justice 1st strategy: enhancing the administration of justice to reach international standard for peace of society and easy public access to justice. 2nd strategy: supporting and improving the justice ad- ministration system in tribunals in order to reach international standard for preparation on legal proceedings resulting from economic and social expansions, and become an academic center for laws and tribunal cases in the ASEAN Community.

People’s Manual for Court Services 11 3rd strategy: fortifying judicial cooperation and administration as well as academic and legal collaboration at the national, ASEAN regional and international levels, and elevating the position and role of the Court of Justice of Thailand in the international platform. 4th strategy: strengthening an academic center for laws and administration of justice of the Court of Justice with international standard. 5th strategy: improving the systems of court administra- tion, judicial affairs, and public services to become standardized and highly capable to be ready for the ASEAN Community.

Missions of the Court of Justice Mission 1 - To administer justice with international standard. - Rendering judgment correctly, promptly and justifiably ; - Conducting alternative dispute resolution correctly, promptly and justifiably such as mediation and arbitration ; - Protecting people’s rights and liberty equitably.

12 People’s Manual for Court Services Mission 2 - To enhance judicial and academic cooperation at national, ASEAN regional and international levels. Mission 3 - To provide the public with legal academic services and administration of justice of the Court of Justice with international standard. Mission 4 - To support the administration of justice with convenience and promptness, and provide public services with high efficiency What is Court of Justice? The Court of Justice is the court having duty in resolving disputes, whether civil or criminal, and also being the court with general power in resolving cases that are not under the jurisdiction of any other court, having the President of the Supreme Court the highest chief. The Court of Justice can be divided into 3 tiers as follows; - Court of first instance, Special Court and Specialized Court, are the courts receiving a complaint or a request which initiates a case, and considering it as a first court, with the

People’s Manual for Court Services 13 power to perform certain duties for Courts of Appeal and the Supreme Court, such as reading such high court’s judgment or order of such court, etc. - Court of Appeal and Court of Appeal, Region I - IX are the court with the power over an appeal of judgments or orders of courts of first instance and to hear certain requests such as request for bail in criminal cases and stay of execution in civil cases, which are considered the review of judgments of courts of first instance. They also have power to hear other cases according to the law. - The Supreme Court is the highest court in the Court of Justice, having power over an appeal of judgments or orders of courts of first instance or court of appeals, and having power in deciding any case specified by the law.

14 People’s Manual for Court Services 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

Structure of the Court Justice Structure 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 - 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 - 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

People’s Manual for Court Services 15 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 Structure of the Court of Justice 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 The Supreme Court 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 The Court of Appeal for Office of Planning The Court of Appeal The Court of Appeal, and Budget Office of Judicial Affairs Administrative Office of the Court of Justice, Region I-IX Specialized Cases 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) The Court of First Instance in Bangkok The Court of First Instance - Juvenile and Family Court Thon Buri Civil Court Criminal Court, Administrative office of - Civil Court,Bangkok South Civil Court, in Provinces - Central Juvenile and Family Court Bangkok South Criminal Court, the provincial Juvenile and Thon Buri Criminal Court Family Court and Thon Buri Civil Court - Provincial Courts - Central intellectual Property and Administrative office of Administrative Office of the Provincial Court, - Criminal Court, Bangkok South Criminal Court, - Kwaeng Courts International Trade Court the Central Labor Court Juvenile and Family Case Division Thon Buri Criminal Court - Central Bankrupcy Court Administrative Office of Administrative Office of - Min Buri Provincial Court, Taling Chan the Central Intellectual Property the Provincial Court and - Central Tax Court and International Trade Court Administrative Office of Provincial Court, Phra Khanong Provincial Court the Kwaeng Court - Central Labor Court Administrative Office of - Phra Nakhon Nuea Kwaeng Court, the Central Labor Court Administrative Office of - Labor Court Region I-IX the Provincial Court and Phra Nakhon Tai Kwaeng Court Administrative Office of Administrative Office of - Thon Buri Kwaeng Court, Dusit Kwaeng Court, the Central Tax Court the Kwaeng Court Pathum Wan Kwaeng Court Administrative Office of Administrative Office of the Central Juvenile and the Labor Court, Family Court Region … (I - IX)

16 People’s Manual for Court Services st 21 of April, the Court of Justice Day The Thai judicial system has been originated since the Sukhothai Era, whereby the King was the person exercising judicial power in deciding any case for the public. Later, in the early Ratanakosin Era, a court was established to adjudicate a case and the law of the Ayutthaya Era was modified and re-issued, dubbed as “Three-Seals Law”. Until 21 April 1882, King Chulalongkorn graciously laid the pillar to build the Court of Justice building. Therefore, for the remembrance of the gratefulness of King Chulalongkorn, the Court of Justice has announced 21 April of every year to be the Court of Justice Day. Do you know when was the Court of Justice separated from Ministry of Justice? The Court of Justice is the institute exercising judicial power according to the constitution for the judiciary to be genuinely free, and to be able to be the security of justice to

People’s Manual for Court Services 17 the public according to the principle of separation of power. Therefore, the 1997 Thai Constitution specified that the court shall be separated from Ministry of Justice, which is an entity exercising executive power. Every following constitution stipulates the same way. Therefore, it can be said that, the Court of Justice is the judiciary with truly independent power and separated from the Ministry of Justice since 20 August 2000. Judicial Commission (Gor.Tor.) This commission consists of; the President of the Supreme Court as a Chairman by position, with the judges of Court of First Instance, Appeal Court and Supreme Court who has been chosen from the judges of all over the country, 6 persons from Supreme Court Level, 4 persons from Appeal Court Level, 2 persons from Court of First Instance Level, and honorable Judicial Commission chosen by the senator for 2 persons, with having position for 2 years at a time, Performing duty in administrate the personnel work of Judicial Service Officers like the Civil Service Commission who perform duty of personnel work of civil service officer, therefore the judicial commission is the organization with the duty and mission in personnel planning in regard of judiciary, such as specify the condition in specific position,

18 People’s Manual for Court Services searching quality personnel, appointing, personnel development, control the judicial service officers to be in the morality limit, and measurements in preserving order by using justice system for the judge to have a stable guarantee that willing to gain support and protection to be truly free. Judicial Administration Commission (Gor.Bor.Sor.) This commission contains; the President of Supreme Court as a Chairman by position, with the Judicial Service Officers of the Court of First Instance, Appeal Court and Supreme Court who has been chosen from the judges of all over the country, 4 persons each, with 4 honorary outside persons in regarding of budget, organization development or administration that the Chairman of Judicial Administration Commission and the Administrative Officer of Judicial Administration Commission choose not less than 2 persons but not over 4 persons, this Commission having position for 2 years at a time, As an organization performing duty like the cabinet in administration section, as the person specified the structure of the Administrative Office of the Court of Justice, including to divide the section in organization, setting the regulations and conditions in performing government works, giving permission to the Secretary-General, Office of the Judiciary

People’s Manual for Court Services 19 in offering the law draft regarding government administration, giving permission in arranging the annual financial balance, giving permission in administrate the budget and parcels, direct and administrate works of Office of the Judiciary to be in comply with the law and regulations, including having power in deny the unlawful government administration, giving permission in establish, terminate or change the court jurisdiction and specify the judge number in each court as proper according to the necessity of the government works. Commission for Judicial Service (Gor.Sor.) This Commission contains; the Deputy President of Supreme Court with highest seniority level as a chairman by position, President of Appeal Court, Secretary-General of the Office of Civil Service Commission and Secretary-General of the Office of the Judiciary as members of the commission by position with the Judicial Service Officers who has been appointed by the Judicial Commission, 1 person from each court, the Court of Justice Officer in Level 8 and beyond who has been chosen from the Court of Justice’s Officer in Level 6 and beyond for 5 persons and the honorary personnel in developing organization, personnel administration or administration section chosen by the Commission for Judicial

20 People’s Manual for Court Services Service not over 3 persons to be the jointly committee, such committees have a term of 2 years at a time, Having duty in the part related with Court of Justice Offi- cer since specify the work line to be suitable and in comply with the necessity of performing work, creating criteria for specify the position, plan for number of personnel, finding personnel, specify the method of being in the position of enrolled, appoint, rights, wage, personnel development, discipline, leave, and another welfare. Judges of the Court of Justice Judges of the Court of Justice contain: Main position Position with other names - Vice-Presidents of - President of the Juvenile and Family the Supreme Court Division of the Supreme Court - President of the Labour Division of the Supreme Court - President of the Tax Division of the Supreme Court - President of the Intellectual Property and International Trade Division of the Supreme Court - President of the Bankruptcy Division of the Supreme Court - President of the Criminal Division for Persons Holding Political Positions of the Supreme Court - President of the Commercial and Economic Division of the Supreme Court

People’s Manual for Court Services 21 Main position Position with other names - President of the Environmental Division of the Supreme Court - President of the Consumer Protection Division of the Supreme Court - President of the Election Division of the Supreme Court - Presiding Justice of - Supreme Court Presiding Justice of the Supreme Court the Office of the Judiciary - Justice of - Supreme Court Justice of the Office of the Supreme Court the Judiciary - Vice-President of - President of the Narcotics Division of the Court of Appeal the Court of Appeal - Vice-President of - President of the Juvenile and Family the Court of Appeal or Division of the Court of Appeal or Court of - Vice-President of Appeal, Region I - IX the Court of Appeal, - President of the Environmental Division of Region I - IX the Court of Appeal or Court of Appeal, Region I - IX - President of the Consumer Division of the Court of Appeal or Court of Appeal, Region I - IX - President of the Election Division of the Court of Appeal or Court of Appeal, Region I - IX - Presiding Justice of - Appeal Court Presiding Justice of the Court of Appeal the Office of the Judiciary - Appeal Court Presiding Justice of the Office of the President of the Supreme Court

22 People’s Manual for Court Services Main position Position with other names - Presiding Justice of - Research Justice of the Supreme Court the Court of Appeal or - Research Justice of the Juvenile and Family Justice of the Court Division of the Supreme Court of Appeal - Research Justice of the Labour Division of the Supreme Court - Presiding Justice of - Research Justice of the Tax Division of the Court of Appeal the Supreme Court or Justice of the Court of - Research Justice of the Intellectual Property Appeal and International Trade Division of the Supreme Court - Research Justice of the Bankruptcy Division of the Supreme Court - Research Justice of the Criminal Division for Persons Holding Political Positions of the Supreme Court - Research Justice of the Environmental Division of the Supreme Court - Research Justice of the Commercial and Economic Division of the Supreme Court - Research Justice of the Consumer Protection Division of the Supreme Court - Research Justice of the Election Division of the Supreme Court - Secretary of the Supreme Court - Secretary-General to the President of the Supreme Court - Justice of the Court of - Appeal Court Justice of the Office of Appeal the Judiciary - Appeal Court Justice of the Office of the President of the Supreme Court

People’s Manual for Court Services 23 Main position Position with other names - Justice of the Court of - Deputy Secretary of the Supreme Court Appeal or Chief Judge - Deputy Secretary-General to the President of the Supreme Court - Secretary of the Court of Appeal - Secretary of the Court of Appeal, Region I - IX - Chief Justice of the Court - Chief Justice of the Central Labor Court of First Instance - Chief Justice of the Central Tax Court - Chief Justice of the Central Intellectual Property and International Trade Court - Chief Justice of the Central Bankruptcy Court - Chief Justice of the Central Labor Court, Region I - IX - Deputy Chief Justice of - Deputy Chief Justice of the Central Labor the Court of First Instance Court - Deputy Chief Justice of the Central Tax Court - Deputy Chief Justice of the Central Intellectual Property and International Trade Court - Deputy Chief Justice of the Central Bankruptcy Court - Deputy Chief Justice of the Court, Region I - IX - Deputy Chief Justice of the Central Labor Court, Region I - IX - Chief Justice of the Environmental Division of the Civil Court - Chief Justice of the Consumer Protection Division of the Civil Court - Chief Judge of the Court - Principal Research Judge of the Court of Appeal or the Court of Appeal, Region I -IX

24 People’s Manual for Court Services Main position Position with other names - Principal Research Judge of the Juvenile and Family Division of the Court of Appeal or the Court of Appeal, Region I -IX - Principal Research Judge of the Environmental Division of the Court of Appeal or the Court of Appeal, Region I -IX - Principal Research Judge of the Narcotics Division of the Court of Appeal - Principal Research Judge of the Consumer Protection Division of the Court of Appeal or the Court of Appeal, Region I -IX - Principal Research Judge of the Election Division of the Court of Appeal or the Court of Appeal, Region I -IX - Chief Judge in the Research Justice Division of the Supreme Court - Chief Judge in the Research Justice Division of the Court of Appeal or Court of Appeal, Region I -IX - Chief Judge of the Office of the Chief Justice, Region I -IX - Chief Judge of the Office of the President of the Supreme Court - Chief Judge of the Office of the Judiciary - Presiding Justice of - Presiding Justice of the Central Labour Court the Court of First Instance - Presiding Justice of the Central Tax Court - Presiding Justice of the Central Intellectual Property and International Trade Court - Presiding Justice of the Central Bankruptcy Case

People’s Manual for Court Services 25 Main position Position with other names - Presiding Justice of the Labour Court, Region I -IX - Deputy Chief Judge of the Court of First Instance - Chief Judge of the Court - Deputy Secretary of the Court of Appeal or Judge of the Court of or Court of Appeal, Region I -IX First Instance - Secretary of the Civil Court - Secretary of the Criminal Court - Secretary of the Bangkok South Civil Court - Secretary of the Bangkok South Criminal Court - Secretary of the Thon Buri Civil Court - Secretary of the Thon Buri Criminal Court - Secretary of the Central Juvenile and Family Court - Secretary of the Central Labour Court - Secretary of the Central Tax Court - Secretary of the Central Intellectual Property and International Trade Court - Secretary of the Central Bankruptcy Court - Presiding Judge of - Secretary of the Court of Justice, the Court of First Instance Region I -IX or Judge of the Court of - Secretary of the Labour Court, Region I -IX First Instance - Judge of the Court of - Judge in the Research Justice Division of First Instance the Supreme Court - Judge in the Research Justice Division of the Court of Appeal or Court of Appeal, Region I -IX - Judge of the Office of the President of the Supreme Court

26 People’s Manual for Court Services Main position Position with other names - Judge of the Central Labour Court - Judge of the Central Tax Court - Judge of the Central Intellectual Property and International Trade Court - Judge of the Central Bankruptcy Court - Judge of the Labour Court, Region I -IX - Judge of the Office of the Judiciary

Furthermore, there are other positions as follows; - Lay Judge; the outside person who has been chosen to be the judge in the Specialized Court and Special Court, such as Labour Court, Juvenile and Family Court, Intellectual Property and International Trade Court to adjudicate with the judge - Kadi; the person of Islam religion who has been chosen to be the authority to consider about the Islamic Rule regarding Family and Heritage in Pattani Province, Yala Province, Narathiwat Province, Satun Province and Betong District

People’s Manual for Court Services 27 hat is the Office of theW Judiciary? To guarantee the independence in the adjudication of cases, the Court of Justice needs to be independent for personnel administration, the budget work and other performances. Then the organization can be developed for the good administration system and mend the obstacles in former works to be finished. Therefore, the Constitution has ordered for the Court of Justice to be the independent public section, having status as a juristic person, such as Office of the Judiciary as the agency to work in regard of Court of Justice’s general administration, such as making annual financial balance, financial administration, parcel work, personnel planning, building management, academic research, and judicial work support. The appearance of these works is in compliance with the organization or bureau administration. In addition, the judicial work support is the main mission which will be driven forward with efficiency. The Secretary-General of the Office of the Judiciary is the chief, responsible for work that will respond to the policy of Court of Justice in overall and directly under the supervision of the President of the Supreme Court.

28 People’s Manual for Court Services How to Perform When Going to Court ow to conduct when arrivingH at the court When getting into the court area, please behave as follows; - Do not bring the weapon, narcotics and illegal goods into the court area, or you can be charged with Against the Court Order and might be accused in the Criminal Case - Do not make noises or brawl in the court, do not open-close the door often in during the proceedings, as a result for annoying others - Do not take photos or record sound and video without permission - Do not smoke - Do not talk, sleep-sitting in the court room - Do not use the cell phone

People’s Manual for Court Services 29 hat can court public relation officers (blue uniform) Whelp you? At the present, if anyone has a chance to contact the Court of Justice all over the country, you will meet the Public Relation Officer, wearing blue uniform with the name on the left chest welcoming you with answering your questions and giving services and suggestion in applying the provisional release for the accused or defendant, with helping in any other regards, with the policy “Service with smile, from the Court of Justice’s heart”. When people walk into the court area, the public relation officer will walk to the peoples with smiling face and ask warmly about the business that such person needs to contact the court. Or if it is needed to suggest such person to contact other section, they will give clear information to contact by giving initial details regarding the contact objectives at the court of the people with the officer related to the business that the people request for services in order that the officer does not have to ask again, making the contact with the court more efficiently and faster. What to perform when sitting in a court room? Please behave as follows when getting into the court room

30 People’s Manual for Court Services - While the judge is adjudicating the case, the person in the court room must wear polite and neat clothes. - Must well behave when being in the court room, show respect every time after the judge sit on or off the bench. - During listening to the adjudication, well behavior is a must: do not talk, sleep, crossing leg, smoking, reading newspaper, wearing sunglasses, eating or drinking. - After the judge read the case proceedings, the related person to such case must stand and listen. If any person has the word to testify to the court, he or she must stand and further give a testimony. Procedures after receiving court order The first thing that should be done is checking the type of order and related court because there are several types of court order, such as - Warrant of appointment, an order for appearance in the court on the appointment date and time; - Summons, an order sent with copy of plaint for the defendant to defend the case within the specific time since the date of receiving summons; and copy of plaint in the civil case. Regarding the criminal case with the proceedings in court level and the citizen prosecuting by himself/herself, if the court deems that the case has a reasonable ground, the court will receive the plaint. In case where the defendant

People’s Manual for Court Services 31 was not brought to the court, the court might issue summons for the defendant to appear in the court to adjudicate; - Order to call for documents is an order to call for documents under the possession of another party, the person outside the government system or the officials, and one of the parties needs such document for the benefit in the prosecution of such case. Therefore the court will be requested to summon the possessor of document to give such document to the court by himself/herself or via mail; - Summons to be witness for giving testimony before the court on the specific date and time. What to do when being summoned to testify 1. After receiving summons, please check thoroughly which court it is, court’s location, which date and time to give a testimony. For any information, please call the court according to the phone number and the address at the end of the summons. 2. Go to the court on appointment date and time, but if there is the necessity that cannot make it to the court according to the appointment, notification to the court is a must before the appointment date. No appearance in the court, the court might issue the warrant to hold until the testament day, and also deem giving the penalty, not

32 People’s Manual for Court Services over 6 months imprisonment or not over 1,000 Baht for fine payment or both. 3. Check the court room and wait for the consideration at the court room, therefore you should bring the summon with you to the court for the convenient in asking, and after came to the court, please find the court room by asking the Court Public Relations or court reporter or running sign or computer monitor in the court, furthermore, please bring the identification evidence, such as Identification Card to be with for identification 4. Before the testimony of witness, swearing according to own religion or giving oath that willing to testify with truth, except the person under 15 years of age, is a must. The person that the court find the lack of morality, Buddhist monk or novice and the person that both parties agree that need not to swear, the person disagree with the order of the court in swearing or giving oath will be charged not over 6 months imprisonment or not over 1,000 Baht for fine payment or both. What is giving testimony? The act that person giving information to the court in proceed the case consideration for the court to use the information in adjudging consideration, with that such giving of information can be done by answering the court question or of each parties.

People’s Manual for Court Services 33 The witnesses should testify as what they saw, heard or directly knew, and must orally testify. Witnesses are not allowed to read what is written unless receiving permission from the court. For any unsure circumstances or cannot remember, please answer it directly whether unsure or forgetting. If the witness cannot clearly hear the question from the party or lawyer, the witness might ask the party or lawyer to ask such question again. After completing the testimony, the court will read such testimony that has been recorded to the witness. If the witness found that there is any word which is not correspond with the testimony, the witness can request for amendment. If such testimony is correct in all stance, the court will give the witness to sign the name at the end of testimony. And the testimony is completed. ill there be criminal charges for giving false Wtestimony? Giving false testimony is an act that the witness, known that the given testimony is not true, gives such testimony to the court, regardless of whether the witness has sworn or given an oath before the testimony or not. To be a criminal offence, such false testimony must convey the information so material that it would lead to the win or defeat in the case. The false testifier will be charged for false

34 People’s Manual for Court Services testimony, if he or she knows that the message is false. Such act is punishable under Article 177 of the Criminal Code, i.e. no more than 5 years imprisonment or no more than 10,000 Baht for fine payment or both. In criminal cases, giving false testimony shall entail no more than 7 years imprisonment and no more than 14,000 Baht for fine payment. Ten Recommendations before appointing a lawyer 1. Ask for the original lawyer’s license, the original license must be approved by the Lawyers Council only 2. Ask the lawyer if he or she has any personal relationship or has worked with the opposite party or not, because, if any personal relationship exists, in appointing the lawyer, some lawyers might have the conflict of interest issue. 3. Inquire into the expenses and lawyer’s fees because each lawyer will charge differently. Usually, the lawyer will ask for a brief story of the case and give brief legal advice before determining the expenses and the fees accordingly. If you have any questions about the fees, do not hesitate to address them to the lawyer. 4. After deciding to hire the lawyer, any information related to the case should be handed to the lawyer, and make sure to conclude the evidence of the receipt of such evidence.

People’s Manual for Court Services 35 5. Ask the lawyer to conclude the contract of conducting the case as negotiated. If there is any unclear message in the contract, please ask the lawyer for clarification so as to prevent any misunderstanding arising thereafter. 6. Always keep at least one copy of all documents given to the lawyer, including those related to the case. 7. Make frequent case follow-up despite having entrusted the task with the appointed lawyer, because the result, either adverse or beneficial, shall solely fall upon the client. This can be done by always recording Black Case number and the court’s name as evidence. 8. If the opponent contacts you or if you have acquired any other information, notify the lawyer immediately because it might be beneficial for the case. 9. If you have any problems regarding the case, do not hesitate to ask for explanation from your lawyer. Your hesitation may cause damage to the case or the issue may become a bigger problem later. 10. For any expenses or fees paid to the court, the court will always issue the receipt. For any question, please check the receipt with the lawyer. If the lawyer agreement has authorized the lawyer to receive the money from the court and you have not yet received the money, you should check with the lawyer and the court whether the lawyer has already received the money or not

36 People’s Manual for Court Services Where to initiate a suit? The Court of First Instance will be the first to receive the plaint at the beginning stage of the case. After the hearing, the Courts of First Instance will be the first to decide the case. Moreover, the Courts of First Instance may conduct certain proceedings in lieu of the Court of Appeals or the Supreme Court in certain cases, such as reading judgment or order of the high court etc. The Court of First Instance can be divided into 2 types as follows; 1. The court of first instance with power to adjudicate general cases can be divided into 2 types 1) General Courts of first instance in Bangkok include, but not limited to, Civil Court, South Bangkok Civil Court, Thon Buri Civil Court, Criminal Court, South Bangkok Criminal Court, Thon Buri Criminal Court, Min Buri Provincial Court, Taling Chan Provincial Court, Phra Khanong Provincial Court, Phra Nakhon Nuea Kwaeng Court, Thon Buri Kwaeng Court, Dusit Kwaeng Court, and Pathum Wan Kwaeng Court Don Mueang Kwaeng Court, by consider about the case whether it should be under the jurisdiction of which court 2) For any other province besides Bangkok, there are provincial Courts and Kwaeng Courts.

People’s Manual for Court Services 37 Provincial Courts usually have power to adjudicate every type of case, whether it is civil or general criminal case Kwaeng Courts usually have power to adjudicate petty criminal cases, in which the law specifies the highest penalty of imprisonment of no more than 3 years or fine of not over 60,000 Baht or both. In civil cases, the Municipal Courts have power to adjudicate cases with lower cost of dispute, particularly when the disputed property or the money claimed is not over 300,000 Baht. 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.

38 People’s Manual for Court Services Who can file a plaint? The plaintiff can be either natural or juristic person Natural Person is a person with personal status, having rights and duties according to the law, and they can be either plaintiff or defendant. Minor. There are two cases minors can file a plaint - (1) Their legal representatives (usually their parents) may file a suit on their behalf; or (2) The minors may file a suit on their own given there is a written consent of their legal representatives. Juristic Person is a person that is designated by law to have rights and duties as natural person except those rights and duties that cannot be exercised like natural person. Juristic persons include Juristic Public Limited Company, Limited Company, Limited Partnership, General Partnership, Association, Foundation, Wat with royal granting of the land to a particular temple by announcing in royal decree, government agencies (Ministry, Bureau, Department), state enterprise, university, province, municipality, Sub-District Administration Organization, Royal Thai Armed Force, Royal Thai Army, Royal Thai Navy, Royal Thai Air Force, etc. On the contrary, government, club or group of persons, estate group, government section, house of priest, mosque, district, group, etc. cannot be either plaintiff or defendant because there is no law confers them the status as juristic person.

People’s Manual for Court Services 39 How to appeal the judgment? After the Court of First Instance has adjudicated, the party who is not satisfied with the judgment can appeal the judgment of The Court of First Instance to the Court of Appeals; or after the Appeal Court has adjudicated, the party who is not satisfied may file for review by the Supreme Court in accordance with the specific requirements of the law. For example, the fact problems, in civil cases, can be appealed to the Court of Appeals only in cases where the disputed property is more than 50,000 Baht; or more than 200,000 Baht for the Supreme Court. The party who wishes to appeal must make the application at the court of First Instance who has decided the case within one month after the Court of First Instance or the Court of Appeals has adjudicated as case. Furthermore, in criminal cases, if the defendant has been imprisoned in the prison, the defendant may file an appeal to a warden within the specific time so that the warden can send to the Court of First Instance; or alternatively, the defendant may appoint the defense lawyer to file the appeal to the court in his/her stead.

40 People’s Manual for Court Services Alternative Dispute Resolution (ADR) What is Alternative Dispute Resolution? The Alternative Dispute Resolution (ADR) is a way to resolve disputes alternative to the traditional means of litigation. The ADR can fasten the dispute resolution process with less expenses and more satisfactory results. Moreover, it can reduce the number of cases that enter the litigation route, i.e. those with the need for witness testimony, and so making the court perform the task in those cases more efficiently. The two popular ADR methods are mediation and arbitration.

People’s Manual for Court Services 41 What is mediation? Mediation is a means to resolve the dispute by agreement of both parties facilitated by the mediator, who acts as middle man. Because the mediator does not give absolute decision like the court or arbitrator, the result therefore is a product of their negotiation by both parties directly. If you wish to enter the mediation system, ask for more information at 1. Mediation Center of the Court or public relations of the Courts of First Instance nationwide. 2. Mediation Center, Office of Judicial Affairs, Criminal Court Building, 5th Floor, Ratchadaphisek Road, Lat Yao Sub-District, Chatuchak District, Bangkok Metropolis 10900 Telephone 0 2512 8498. Who is a mediator? A mediator is a middle man who helps facilitate the negotiation between the parties and therefore generating more acceptable results. In case of mediation in court, the person may be the judge or any other person appointed by the court. Each court has selected the person with knowledge, ability and local credibility to be registered as mediator or

42 People’s Manual for Court Services compromiser. Before they can be registered, they must pass the mediation training by the Office of Judicial Affairs, Office of Judiciary, and must have the experience in mediation of not less than 10 cases. Benefits from mediation 1. The mediation process is more informal, easier and simpler, compared with the normal course of litigation or arbitration. 2. You can use the mediation services without any cost 3. You can determine the result of mediation on your own because the result is the product of agreement upon how to resolve the dispute. The reconciler is merely a helping hand that makes the environment of mediation more preferable for negotiation between parties. 4. The mediation can preserve the reputation and good relationship of both parties because of the mediation process is done in private, unlike the court hearing that must be done openly.

People’s Manual for Court Services 43 Cases or disputes that can be mediated The cases that can be mediated are as follows: 1. General civil cases 2. Criminal cases, but limited to compoundable offences, such as indecency, damage against liberty, false imprisonment, revealing other’s confidentiality, contempt, fraud, fraud against the debtor, embezzlements, malicious mischief, trespassing, etc. 3. Criminal cases that the citizen is a sole prosecutor Rules of mediation 1. Both parties must agree to use this system 2. During the mediation, both parties must speak in polite language, not using any aggressive words or behaviors 3. If there is a cancellation of negotiation, the facts that have been used in the negotiation will not bind the parties later and cannot be used as reference in the court’s hearing. 4. Both parties must be satisfied with the agreement before concluding the compromise agreement. 5. Before having a judgment, the judge must consider that the compromise agreement is not in conflict with the law

44 People’s Manual for Court Services How to enter court mediation 1. New cases. After the plaintiff files a plaint, the officer who receives the plaint will ask the plaintiff whether such case can be compromised or not, and whether the plaintiff wishes to enter the mediation or not. Moreover, the summons that is sent to the defendant along with a copy of plaint will state that “Please file an answer to the plaint within the time specified by the law, if the defendant wishes to compromise, please contact Court Mediation Center according to the specific number” 2. Cases still under examination by court can be divided into 3 cases - The judge executive found it appropriate to use the mediation system. - The presiding judge found that the case can be mediated, then the case will be forwarded to mediation system. - The party submits a written statement or oral statement showing the intention to mediate, and if the presiding judge found it appropriate to mediate, the case then shall be sent to mediation system 3. Mediating dispute by the presiding judge. The presiding judge may conduct the mediation on his own if deeming appropriate.

People’s Manual for Court Services 45 Mediation during the appeal Even if the Court of First Instance has already adjudicated the case, but if the case is not final, i.e. during the appeal, the mediation can take place in this situation either at the request of the party or by discretion of the higher court. Usually, the mediation procedure takes place at the Court of First Instance that gave the judgment but it can also take place at the higher court too. Because it is not certain that the Court of Appeal or the Supreme Court will adjudicate in the same manner as the Court of First Instance, i.e. the judgment can be upheld, reversed or remanded. Therefore, the large amount of cases shall be reviewed by the higher courts, mediation may speed up other cases that need those resources as well as preserving both parties’ interests. Request for case mediation during the appeal can be filed at the Court of First Instance who has adjudicated the case or the High Court that is reviewing such case.

46 People’s Manual for Court Services Arbitration defined Arbitration is a way to resolve disputes, partially or wholly, regardless of whether the disputes have occurred or yet to occur. During the arbitration procedure, the arbitrator will give the disputed parties a chance to present their claims, including presenting evidence for inspection by the arbitrator. The arbitral decision is made in writing, including its reasoning. The decision cannot go beyond what the arbitration agreement has stipulated. As a matter of law, the party must perform in accordance with the arbitral award. If any party does not perform accordingly, the other party may file at the court with jurisdiction for enforcement of arbitral award. The court’s judgment enforcing the arbitral award is deemed final. Thus, both parties cannot appeal for further review unless the law specifically stipulates so.

People’s Manual for Court Services 47 The benefits of Arbitration 1. The dispute resolution process is flexible and not complicated. 2. The parties can maintain their reputation and business confidentiality because the arbitration process is done in private. 3. Both parties can choose the person with knowledge and ability to finalize the decision 4. Both parties can tailor their own procedure as suitable and necessary for the dispute resolution

48 People’s Manual for Court Services G e n e r a l K n o w l e d g e on Civil Case What is Civil Case? Civil case is a case in which the rights are disputed or when it is necessary for any person to exercise his right through the court. Examples where the rights are disputed include claims against the borrower to repay according to the loan agreement or claims against the tortfeasor to pay damages, etc. In other words, these are claims that compel the defendant to pay money, not seeking punishment against the defendant as in criminal cases. The rights that need to be exercised through the court must be those specified by law. This includes a request seeking land ownership by adverse possession. In such case, if there is no respondent, the case shall be adjudicated as non-dispute case.

People’s Manual for Court Services 49 Differences between petty and simple case Petty cases are those with the disputed assets of not over 300,000 Baht or the case of eviction from an immovable property with the monthly rent of; or the value at which could have been monthly rented, not over 30,000 Baht. Simple cases are those which the defendant is compelled to pay a certain amount of money as shown by a bill of which the acceptance or payment has been refused; or those which the claims are stipulated under a written contract that appears to be genuine, valid and enforceable. Which documents are necessary for filing a civil suit? The necessary documents are, but not limited to; 1. Documents that are relevant to the claims, e.g. written agreement, notice. 2. Power-of-attorney document in case of giving consent to filing a suit to another person. 3. Deed of lawyer appointment in writing 4. Plaintiff’s identification card and copy of house registration

50 People’s Manual for Court Services 5. Defendant’s house registration or civil registration certificate 6. Juristic person certificate Civil case court fee Claims that can be computed in terms of money, for example, cases that claim money or property from another for the amount or price of the disputed money or property. In such case, the plaintiff must pay the court fees - for the case with the disputed property not over 50,000,000 Million Baht, the plaintiff shall pay at the rate of two percent but not over 200,000 Baht; and for the amount over 50 Million Baht, the plaintiff shall pay at the rate of 0.1 percent thereof. Claims for relief that cannot be computed in terms of money. These are claims that the plaintiff seeks the judgment or order that cannot be calculated in terms of money, for example an injunctive relief, i.e. compelling the defendant to do or not to do certain acts. In such case, the plaintiff has to pay 200 Baht for each claim. For claims that include both types of claims, the plaintiff shall pay 200 Baht for the claims that cannot be computed in terms of money, and also pay the fees at the rate for the claims that can be computed in terms of money.

People’s Manual for Court Services 51 Preparation for defendant in a civil case - The defendant must file an answer to the plaint within 15 days since the receipt of summons and a copy of plaint (except in consumer cases, petty cases and easy cases, the defendant can give the answer at the hearing date) - If the service of summons and a copy of plaint is conducted by placing the documents at a conspicuous place or announcement through newspaper, the deadline for filing an answer shall be 30 days since the announcement or the placement of the documents. - If the defendant does not file an answer within the specified time above, the case shall be proceeded as a default case. Remarks 1. If anyone has been sued, please advise and appoint a lawyer 2. If the due date is government or official holiday, the answer can be filed in the next day

52 People’s Manual for Court Services Who can file for a waiver of court fees? In civil cases or family cases, if the party is of low financial status and cannot pay the court fees, that party may request a waiver of court fees, partially or wholly, on the conditions that; 1. The party must file a plaint, an appeal, an interpleader or an answer 2. The court may conduct a hearing in consideration of the request for waiver. The court shall permit a waiver only when the court believes the petitioner does not have enough property to pay the court fees; or when the petitioner shall heavily suffer the financial predicament if the court fees are not to be waived. If the petitioner is a plaintiff, the suit must be of reasonable cause. 3. The order of the court to waive the court fees is final 4. The court order that waives the fees only partially or dismisses the waiver can be appealed within 7 days since the date of order. Otherwise, the court order is final 5. If the waiver for court fees has been dismissed, the plaintiff must pay the fees within the time specified by the court; otherwise, the plaintiff’s suit shall be dismissed.

People’s Manual for Court Services 53 How to petition for administration of an estate? After a person has died, the estate shall be succeeded by his or her heirs. If the heirs cannot administer the estate, e.g. a bank does not permit the withdrawal of money from the deceased’s account, or the Land Office does not do any registration update without the judicial order appointing an administration of an estate, such order then can be petitioned for. The estate administrator must be the heir or stakeholder with capable age (not less than 20 years of age), not an insane person, not a person ordered quasi-incompetent, and not a bankrupt person. To apply for estate administration, the petitioner must file for appointment of the estate administrator along with related documents and evidence list at the court whose jurisdiction encompasses the place where the deceased was domiciled at the time of his or her death. If the deceased did not have the domicile in Thailand, the petition can be filed at the court where the estate property is located in, and then the petitioner has to request a newspaper announcement for appointing estate administrator. After that, the court will inquire into the petition and the petitioner must bring the witness to the court in the appointment date. The court shall issue the order after the evidence has been examined.

54 People’s Manual for Court Services If you do not understand the processes of appointing an estate administrator, the court provides legal officers to advice the people who have low income, and without any extra expenses. Nevertheless, the petitioner must still pay for the court fees, the newspaper announcement and the copying of related documents. Application for judicial order of absent person If it is found that a person that might be your relatives has disappeared from his or her domicile or habitual residence without any person who really knows whether such person is still alive or not, and if the lost person has not appointed any general agents, stakeholders, such as husband, wife, parents, children or relatives of such person, or the public prosecutor may apply the petition to the court for provisional measures as necessary for the management of such person’s property. For example, a wife may request a court order to withdraw the money of the disappearing husband’s account for family expenses. If it is found that such disappearance takes longer than 1 year and no one has ever heard the news of such person, or longer than 1 year since the person has been last seen or since the news of that disappearing person arrived,

People’s Manual for Court Services 55 the stakeholder or public prosecutor may apply to the court for appointment of the manager. If it is over 5 years since the date of the lost person leaving the domicile or habitual place, the stakeholder or the public prosecutor might petition for court order to deem the person as absent person. In the event of war, or life-threatening incidents, such as natural disaster, such time will be reduced to 2 years since such incident elapsed, and therefore the petitioner can make the same application as the above paragraph as it is deemed by law that such person is deceased. In petitioning for the court order, the petition must be filed to the court of which the jurisdiction covers the cause of action arises or the jurisdiction that covers the domicile of the lost person, along with the following documents; - A copy of House Registration of the person to issue order as absent person - A copy of identification card or house registration of the petitioner - Daily report of the police officer as evidence of the disappearance of such person from his domicile without knowledge of his existence

56 People’s Manual for Court Services - Evidence showing the relationship between the petitioner and the person who is to be ordered absent, such as marriage certificate, birth certificate, etc.

Application for judicial order of quasi-incompetent person Quasi-incompetent person is the person who cannot perform own work, such as bodily handicapped, amputated limbs, blind, deaf or mental illness but not as disorder, might having the responsibility but lost sometimes or likes to travel or uselessly gambling or addicted to alcoholic drinks or substance that cannot quitted until cannot perform own work, or the elder person who getting lost and cannot help self. The civil law has giving the protection to the person that ordered to be quasi-incompetent person, which that such person that apply for requested to the court for not being fraud by any other person, according to the law, some of transaction, the quasi-incompetent person must be given consent from the guardian before proceed, or the court ordered for the guardian to proceed such transaction for the quasi-incompetent person. Whereas when filing to the court, it must apply for the court to issue order to be quasi-incompetent person to

People’s Manual for Court Services 57 the case that incident occurs in court jurisdiction or the court that the applicant having domicile in court jurisdiction, with - Copy of house registration of the applicant - Medical report noted that the person willing to be order is quasi-incompetent - The document showing the relationship with quasi-incompetent person and guardian, who might be parents, children, or spouse

58 People’s Manual for Court Services Application for judicial order of incompetent person Incompetent person is an insane person or person who was property but cannot manage like normal person, that is having mental disorder even unable to be conscious what is right or wrong so it could damage the property or reputation which couldn’t manage in their own and in such usual condition, no capacity to intend for any contracts which is not only having mental disorder according to the case submitted to the court for the order to declare a person as an incompetent person. Therefore the civil law protects these people by applying the petition to the court to issue the order for such person to be the incompetent person and under the control of the guardian to perform in any transaction regarding incompetent person’s properties to maintain their benefits. Whereas submitting to the court, it must submit to the court for the order to declare a person as an incompetent person to the case that incident occurs in court jurisdiction or the court that the applicant having domicile in court jurisdiction, with - Copy of house registration of whom willing to submit the motion

People’s Manual for Court Services 59 - The medical report stated that the person who willing to be ordered as an incompetent person is an insane person according to the law - The evidence of being parents or legitimate spouse, in case of requesting court to order as guardian. What you should know after have been asking debt payment When the debtor missed the payment date, the creditor can call for paying debt with the interest from the court, after having the judgment; it can enforce to pay debt from the debtor’s properties, besides. In a debt payment asking, the asked person must be directly related to loan only, such as debtor, co-debtor or guarantor. Therefore, threatening the relatives, colleagues or the related person to the debtor might be guilty on the ground of extortion, but if asking for pay debt by using rude word, assault, detent or disturbing the daily life of the debtor or family members, including friends, the person who has been asked has the right to accuse them, and in case of having hurt or detent, the debt asker will be punished on the ground of disdain, assault or damage against liberty as proper, including the way of debt asking with harsh or intend to slander and damaged reputation with any methods,

60 People’s Manual for Court Services that might be the charge of disdain, hence when having a debt, must pay dept, because having a dept has never do any good to anybody, to live with sufficiency, saving in eat and use will make life happy. How to do when you are sued 1. When having sued as defendant, please consult the lawyer and appoint the lawyer for conduct and proceed in the court. 2. When the defendant received the summons to give the testimony, it should be done within the time given. 3. The time of giving testimony will be counted from the date that defendant or the other person aged older than 20 years who living in the same house or working in the same place with the defendant received summons and copy of plaint. However, in the case of sending the summons and copy of accusation to the defendant by posting of the pleading or announcing on the newspaper, the time will count from 15 days after posting or announcing, the defendant has more 15 days in addition. If the defendant cannot give the testimony within the deadline, they can file a request with a special reason to the court for the extension the time.

People’s Manual for Court Services 61 To claim for such extension; however, it is the consideration of the court to permit or not. How to asking for suspend execution or giving guarantee If the defendant lost the case in trial or Court of Appeal, after filing for appeal or decree, the defendant can file a request for suspending the execution, but the court might order the defendant to give the money following the judgment or to find a security money/guarantee for the damage that might occur to the court.

62 People’s Manual for Court Services General Knowledge on Consumer Case Consumer Case, the knowledge that everyone should know Consumer is the buyer of services from the entrepreneur or the person who has been offered or been persuaded from entrepreneur to buy the goods or services, including the person service from entrepreneur, whether paid for the fee to entrepreneur or not. Entrepreneur is the seller, the manufacturer, the person who orders import into the country in order to sell, or the buyer to sell the goods or service provider, including the advertiser. The entrepreneur, in the products liability’s law, is the manufacturer or the person who order to manufacture, importer, the person selling goods that cannot specify the manufacturer, the person who order to manufacture or importer, and using trade name, trademark, logo, message or shown by any method to understand that being the manufacturer or importer. Whereas the Consumer Case according to the Consumer Case Procedure Act B.E. 2551 (2008) has specify as follows;

People’s Manual for Court Services 63 1. The civil case between the consumer or the “authorized person, such as the Consumer Protection Board or the association certified by the Consumer Protection Board with the power invested by Consumer Protection law or any other law about businessperson in which conflict with the legal right or legal duty because of consuming the goods or services. 2. The civil case according to the law of damage responsible occurs from unsafe goods. 3. The civil case related with the case in clause 1 or 2. 4. The civil case that the law has specified to use the adjudication procedure according to this act. If suspect on case which is the consumer case occurs, the President of the Court of Appeal will decide, and such decision is final. Who can take a legal action in the consumer case 1. The consumer, means the buyer or the person receiving services from the entrepreneur or the person who has been offered or been persuaded from entrepreneur to buy the goods or services, including the person using goods or person receiving service from entrepreneur, whether paid for the fee to entrepreneur or not.

64 People’s Manual for Court Services Whereas the authorized person can accuse for the consumer by law are; 1) Consumer Protection Board according to the Consumer Protection Act B.E. 2522 (1979) 2) The association certified from Consumer Protection Board according to the Consumer Protection Act B.E. 2522 (1979) 3) The foundation certified by Consumer Protection Board according to the Law of Consumer Protection 2. Entrepreneur, is the seller, the selling manufacture, order person or import into the country to sell or the buyer to sell for goods or services, and means by the advertiser (fee collected when accused) 3. Injured person, is the person getting damaged from unsafe goods, whether to life, body, health, hygiene, mentality or property, but not including the damage to such unsafe goods (the fee shall be vested unless over-claimed) Which court can receive the plaint of the consumer case In case of the consumer will accuse the entrepreneur, the petition can be filed at the court which has the jurisdiction to adjudicate and the domicile of the entrepreneur.

People’s Manual for Court Services 65 But in case of the entrepreneur will accuse the consumer, the entrepreneur have to filed the petition to the court that such consumer having domicile in such court jurisdiction only. Whereas accusing the consumer can be made at the Provincial Court in case where such province has no Kwaeng Court, for any province with Kwaeng Court, must accuse the case of the consumer that the disputed property or claimed value over 300,000 Baht at the Provincial Court, but if not over 300,000 Baht, it will be filed at the Kwaeng Court. Expense regarding consumer case procedure Under the virtue of the law regarding the responsibility of the unsafe goods, the accusation, including the procedure of any adjudication in consumer case in which proceeded by

66 People’s Manual for Court Services the consumer or the person having power to accuse for the consumer will be vested from all fee, but not including the vest in the highest level. In case where the court found that the consumer or person having power to accuse on behalf of the consumer filed the petition without any proper reason, claimed for overpriced damage, misbehaved, proceeded in consideration with the condition to be stall the case or unnecessary, or having other habit that the court found suitable, the court might ordered for such person to pay for vest that sued to be exception in all or some part to the court under the specific time that the court deems appropriate. If not following, the court might order to file the case out of the process. Limitation period of filing Consumer cases In case where damage occurs to life, body, health or hygiene from the substance accumulated in the body of the consumer or the case that needs time to show the symptoms, the consumer or the person having power to accuse on behalf of the consumer must use the accusation rights within 3 years since the date acknowledging such damage and knowing the violator, but not over 10 years since the date of acknowledgement.

People’s Manual for Court Services 67 But if there is a negotiation regarding the damage fee between the entrepreneur and the consumer or the person having power to accuse on behalf of the consumer, the law specifies such case validation to be stalled and includes such time until one of the party terminate the negotiation.

68 People’s Manual for Court Services Power to take a legal action on behalf of consumers Aside from the consumer can accuse the case by self, the Consumer Protection Board or associations that Consumer Protection Board certified according to the law of Consumer Protection also having power of accusation and proceed the case on behalf of the consumer. In case where the association is the plaintiff making a claim for damages, this can be only claimed for the damage in the part of consumer who is the member of the association while accusing only. The revocation of accusation or case compromising must have the consent letter from the related consumer presented to the court, and in case of revocation, the court will permit after the court found that such revocation is not disadvantage to the major part of consumer protection only. Process for filing a consumer case In accusing the consumer case, the plaintiff will accuse by performing the oral or letter. In case where the consumer has a willing to accuse by oral, the case officer will arrange the recording of details for the accusation, and it will be given the plaintiff for signing the name, and the accusation will be submitted to the court under the name of consumer.

People’s Manual for Court Services 69 In consumer case, the court can direct the parties to mediation In the peremptory day, after the plaintiff and the defendant have shown up, the case officer or the person specified by the court or by the parties will mediate the parties to agree or compromise first. During the mediation, if one of the party requests or the mediator sees as proper, the mediator will order to proceed privately, before both parties or one of the party. Appealing the consumer case is allowed or not After the court of first instance has ordered or adjudicated, the parties might appeal the judgment or the order of the court of first instance within 1 month since the date of judgment pronouncing, whereas the case will be final in the Court of Appeal. However, in the consumer case which the property value or dispute amount in appellate is not over 50,000 Baht or not over the specified amount in the Royal Decree, the party is unable to appeal the question of fact. In case of the appellant found that the case is unable to appeal, the appellant might submit the application by motion to the Consumer Case

70 People’s Manual for Court Services Division of the Court of Appeal or in the Consumer Case Division of the Regional Courts of Appeal with the appeal. In case where the court of first instance orders not to receive the appeal according to the forbidden appealing reason, the appellant might submit the application in the form of motion of request for the appeal to the Consumer Case Division of the Court of Appeal or the Consumer Case Division of the Regional Courts of Appeal within 15 days after the court of first instance has judged. If the party has already filed the application hereinbefore, the party will not be able to appeal the disapproval application. In case of the Consumer Case Division of the Court of Appeal or the Consumer Case Division of the Regional Courts of Appeal has adjudicated or ordered already, the party might lay the decree in the fact question (in the case of the dispute property value over 200,000 Baht) and in the question of law under the limitation of a month since the day of judgment was announced or ordered by the Court of Appeal of Consumer Case or the Court of Appeal of the Consumer Case Section. Remarks Laying the appeal or decree in consumer case, the consumer must proceed independently. The law does not allow a case officer to proceed unlike the case institution in the court of first instance.

People’s Manual for Court Services 71 How to execute for the case that consumer has won In the execution of the consumer case, the judgment creditor might lay ex parte application to the court to enforce the writ of execution immediately without the issue of the execution order. In case of the court has had final judgment in the consumer case, if it appears to the court that there is an obstacle that makes the case unable to execute or has the necessity to specify any methods to enforce in accordance with the judgment, the law empowers the court to order if necessary and proper according to the interest of justice. Remarks In case of the consumer is the judgment creditor, if the debtor does not pay the judgment debt, the consumer has to execute by being the leader to seizure or distain of the judgment debtor independently. The law however has not specified this to be the duty of the case officer.

72 People’s Manual for Court Services G e n e r a l K n o w l e d g e on Criminal Case What is Criminal Case? A criminal case is a case which violates the law restriction regarding the guilt of the act and has criminal penalty regarding the guilt and the penalty prescribed in the Criminal Code and any other laws, such as Acts, or a case which might be charged according to the Criminal Code or any other laws which have the criminal penalty, or, said that, accused until imprisonment, or been punished by other criminal penalty. A criminal case is a case which affects the public peace, such as murder, slander or libel, theft, or robs. The usual cases are such as assult case, theft case, robbery case, stealing case, murder case, libel case, injured or death; receiving stolen property case, etc.

People’s Manual for Court Services 73 What are the criminal punishments? The criminal penalty has 5 levels: 1. Death penalty, the defendant will be executed by injecting the medicine or toxin to death. 2. Imprisonment, the defendant will be imprisoned. The imprisonment period will be calculated since the first day of the imprisonment also as 1 day full not calculating as hours. if the imprison period is specified in month, 30 days are counted as a month. If it is indicated in years, it will be calculated by the calendar year. In case of the defendant is imprisoned before the judgment date it has to be deducted from the imprison period of the prison also. 3. Detention, the defendant will be detained in the specific place but not in the prison. 4. Fine, if the defendant does not pay fine within the specified period in the judgment, he will be seized or detained instead. If it is suspected that the defendant will not pay the fine, the court may order to detention instead of fine payment at the rate of 500 Baht per day. And if the defendant has been detained before, whether in inquiry or court level, the court will deduct the day that the defendant has been detained.

74 People’s Manual for Court Services 5. Forfeiture of property, is the penalty done to the property that kept as evidence.

Criminal case procedure for injured persons Normally, the persons who have the power to entry a charge are victim and public prosecutor. Nevertheless, in case of the injured person proceed personally, the court has to examine preliminarily whether the case has enough ground to accuse or not. In the case where compromising can be made, the injured person who has a willing to accuse independently must institute a case within 3 months since the acknowledgement date of the guilt and the wrongdoer. If the victim does not have a willing to accuse personally, it must have a complaint within 3 months also, so that the inquiry officer will be able to continue for proceeding the case or else the case will be lacked the limitation period. Rights of the accused and defendant The offender that has been detained in the inquiry level has the rights as follows; 1. Plead or not plead to the inquiry official or giving testimony in the court because testimony might be used as the evidence in the court

People’s Manual for Court Services 75 2. Meet the lawyer and take advices from the lawyer privately 3. Allow the lawyer or trusted person to listen to testimony given in the inquiry level 4. Contact with the relatives as appropriate 5. Receive the rapid medical treatment 6. Filed the application for provisional release to the inquiry official or the court, as the case may be The defendant accused to the court has the rights as follows; 1. Appoint the lawyer to defend in the preliminary hearing or in the judicial inquiry in the court of first instance, including in the stage of the Court of Appeal and the Supreme Court 2. Take advices from the lawyer or the person willing to be the lawyer privately 3. Check the case files of preliminary hearing or the adjudication of the court; make a copy or request for a copy with certification by paying the fee 4. Check the witness, evidence, and make the copy or photograph

76 People’s Manual for Court Services 5. Check or copy of the pleading given in the inquiry level or the document regarding pleading; if having the lawyer, the lawyer will have the rights same as the defendant 6. Apply for the provisional release to the court 7. Object the quorum of judges How to do when being sued in criminal case 1. When being sued as defendant, he or she should advise with the lawyer and authority the lawyer to conduct and proceed in the court representatively 2. When the defendant received the summons to give the testimony, it must lay the pleading within the specific time 3. To count the time of laying the plead, it will be counted from the date that defendant receives the summons and the copy of accusation, or any other person with the age of over 20 years working in the house or the same office as the defendant receives the summons and the copy of plaint. However, if it was sent to the defendant by posting the summons and giving the copy of plaint to the house or office of the defendant, or announcing in the newspaper, the time will be counted after 15 days of the posting or announcement, i.e. the defendant has more 15 days in addition. If the defendant

People’s Manual for Court Services 77 cannot give the pleading in the specific time, it might apply to the court for extension the application time with special reason to claim for the extension. Therefore it will be considered by the judicial discretion. 4. Prepare the security to request for provisional release to the court 5. Come to the court on the appointment date and time 6. For any questions, please ask public relation officers of the court where the defendant has been prosecuted Appointing a pro bono lawyer In case where the defendant cannot find the lawyer, the government will help by asking the court to provide the lawyer or the appointed lawyer in cases as follows; - For cases with death penalty, or cases where the defendant is younger than 18 years of age in the prosecuting date. Before the trial, the court shall ask whether the defendant has a lawyer or not. If none, the court will appoint the lawyer for the defendant. - For cases with imprisonment, before starting the trial, the court has to ask whether the defendant has the lawyer or not. If the defendant does not have any, and the defendant wants one, the court will appoint the lawyer for the defendant.

78 People’s Manual for Court Services - The court will order to pay the compensation and expense to the lawyer who was appointed by the court. The defendant does not pay for the lawyer appointed by the court. Preparation for appearing in court as a defendant in a criminal case - Bring the appointment letter or summons and the copy of plaint - Prepare copy of the house registration and identification card - Prepare for the security for bail by asking the standard price of bail from the court - Wearing appropriate clothes Remarks When anyone is accused as defendant, a lawyer should be appointed and advised. When can a request for provisional release be made to the court? 1. After being the accused and were not brought to detain at the court, the application for provisional release shall be submitted to the inquiry officer

People’s Manual for Court Services 79 2. After being the accused and being brought, by the inquiry officer, to the court for detention, the application for provisional release shall be submitted to the court 3. When being the defendant, - by the public prosecutor that bring the prosecution at the court - In the case where the plaintiff is an ordinary citizen, the court has to conduct a preliminary examination. If there is the reasonable ground, the court will accept the charge. 4. After being detained by the court warrant, i.e. the defendant who fled, was issued the arrest warrant from the court and later arrested by the police; or the witness does not appear in the court and the warrant has already been issued by the court; or the defendant was sentenced to imprisonment or detention in the case which is entitled to appeal The court criteria for consideration of a request for provisional release To consider for provisional release, the court will decide from the elements as follows; 1. The seriousness of charge 2. The number of witness or evidence that has been taken into trial

80 People’s Manual for Court Services 3. The circumstances of the case 4. The reliability of the person requesting for bail and the sum of the security 5. The accused or defendant will flee or not 6. The degree of danger or damage occurring after provisional release is granted 7. In case where the accused or defendant must be detained according to the court warrant, if there is an objection from the inquiry officer, the public prosecutor or plaintiff, as the case may be, the court can take it into consideration (In case of the criminal offence with maximum length of imprisonment over 10 years, the court must question the inquiry officer, public prosecutor, or the plaintiff whether the objection will be made or not) Beware of the person who claimed that they can help obtaining provisional release There are people who may take advantage to find benefit from your trouble by approaching and claiming that they can help you to win the case or help to gett the bail, by asking money or property in return. It means that “you have been deceived”. Therefore, if you face the situation like this or find the suspect, please contact the Director of the

People’s Manual for Court Services 81 Administrative Office of the Court or Chief Judge of the court to take a legal action with such person immediately. How to request bail for an accused or defendant from the court Postpone the prosecution by being detained during investigation - when the accused has been under the investigation, the police will bring the accused to the court for detention and the accused, or bail bondsman, can request for bailing out the accused. Court of first instance consideration - the bailor is entitled to submit a request for bailing out to the court adjudicating such case. If the court does not allow for provisional release, the bailor is entitled to appeal such order. If the Court of Appeal denies to grant provisional release and affirm the decision of the Court of First Instance, the order of the Court of Appeal shall be final. But this will not deprive the rights to submit a new application for provisional release. Later, if the Court of First Instance or the Court of Appeal renders a judgment to imprison the defendant, the bailor is entitled to request for bail during the trial and adjudication of the Court of Appeal or the Supreme Court by submitting to the Court of First Instance where manages such case. In case where the Court of First Instance deems appropriate

82 People’s Manual for Court Services to grant the provisional release, the Court of First Instance will authorize. Or if the court has another decision, the case file will be sent to the Court of Appeal or the Supreme Court for order. In this case, if the Court of Appeal does not allow, the bailor can submit the appeal to the Supreme Court. However, the accused or the defendant might be temporarily released with or without bail security. But the bail security is not needed for the offence with the maximum length of imprisonment not exceeding 5 years. If the accused or defendant are not under arrest or having no behavior of fleeing or will not threaten or make trouble to the witness, when the time of granting provisional release without any bail security, before being released, the accused or defendant shall swear or give the oath that he or she will appear in the court following the appointment or summons. Who has the rights to bail an accused or defendant? 1. The accused or the defendant or any interested person, such as relatives, supervisor, employer, friends, spouse, close friends, or even siblings-in-law of the defendant, or called as “bail bondsman” 2. Professional bail bondsman, means the person who files application for provisional release for the accused

People’s Manual for Court Services 83 or defendant by giving their own property as a security and asking compensation from using such security, which should be extremely careful because some of the professional bail bondsman has not so nice behavior, such as using fraud document to file or requesting the expense in unconditionally in high rate, which can cause the damage to the accused or defendant and might affect the reliability of professional bail bondsmen in general The security used in securing provisional release The securities used in provisional release are as follows: 1. Cash 2. Any other securities as follows: - Government bond - Government Savings certificate, saving lottery of the Bank for Agriculture and Agricultural Cooperatives with certificate - Fixed deposit passbook or saving slip from the bank with the letter certifying the remaining amount, and certifying that the bank will not allow to withdraw until receiving the order from the court - Letter of bank guarantee - Government certificate guaranteeing in accordance

84 People’s Manual for Court Services with the Regulations of the Ministry of Finance - Certificate policy of freedom insurance with showing table of policy of freedom insurance - Land ownership documents, such as land title deed or certificate of land utilization (Nor Sor 3 and Nor Sor 3 Kor) together with the letter of land evaluated price, issued not over 6 month, land survey, land photograph attached with the land location 3. Having person to be the bailor by showing the security (using the government official position, state enterprise officer or lawyer position) with that to show the letter of position certification and salary or monthly wage issued not over 1 month, can be bail not over 10 times of the salary or monthly wage. But in case of using bail for self in the offence of performing duty or practicing in profession, bail can be made not over 15 times of salary (the narcotics case, can be applied only with parents, spouse and the heir only) - Bill of exchange in which a bank is a drawee and guarantees such bill, and cheque issued by a bank as payer and collected within the date of making the contract - The previous security given as guarantee to the inquiry official or the public prosecutor must have the certifying letter from inquiry officer or the public prosecutor, certifying that the guarantee is truly given, and will be sent to

People’s Manual for Court Services 85 the court with the copy of guarantee contract and document regarding such evaluation - Giving security deposit via credit card of Krung Thai bank PLC (KTC MasterCard) (the bank calculated the fee for 1%) What is a freedom insurance or bail bond? Freedom insurance is the insurance made by the idea that the Ministry of Justice will manage the bail system of the accused or defendant by giving more option to the citizen to use the responsible letter of the insurance company as guarantee to give to the curt. Therefore the Ministry cooperates with the organizations in arranging the freedom insurance for the benefit of the citizen who has no bailing property or having not enough property. After the citizen bought the freedom insurance, the insurance company will issue the certification of insurance. If insured person has committed and be the accused or defendant during the insurance validation, the insured person will gain the convenience from using this letter to apply to the court for bail without any other guarantees or securities. The insurance company will calculated the insurance premium according to the court level together with judgment and

86 People’s Manual for Court Services offence, which the court has pasted the notification for checking, with the premium rate at 5 - 20%. Documents used for requesting provisional release (Original documents must also be brought to inspect) 1. Documents of accused or defendant 1) Copy of identification card or government official card and copy of house registration of the accused person or defendant 2) Passport with 2 copies; in case where the accused or defendant is a foreign person, if the original copy is with the inquiry official, the inquiry official shall also certify the copy of document 2. Document of person who is granted provisional release 1) Copy of identification card or government official card 2) Copy of House registration 3) Document showing the change of name and/or surname

People’s Manual for Court Services 87 3. Documents of the spouse of the bail bondsman (in case where a person applying for provisional release has or used to have a spouse) 1) Copy of identification card or government official card 2) Copy of House registration 3) Document showing the change of name and/or surname 4) Marriage Certificate 5) Divorce Certificate, in case of divorce 6) The death certificate of the spouse, in case of the spouse died 4. In case where the person granted provisional release is juristic person 1) Juristic person certificate issued not over 1 month 2) Objectives showing that having power to make the contract of bail for the accused or the defendant to the court 3) Copy of the identification card and house registration of the authority member of the board 4) Juristic person seal 5) Power of attorney with copy of identification card and house registration of grantee (in case of authorization)

88 People’s Manual for Court Services 5. Document showing the status of relatives In case of using position to bail, you have to show the document presenting the relationship between the accused or the defendant with the bailor for provisional release and the list of family and relatives 6. Giving consent In case of using any other security aside from using a career position to bail, any other person can be given consent to proceed for. The document of the power of attorney must be signed by the district chief or the personnel acting the district chief as a witness. If it was made in the Royal Thai Consulate abroad, Thai Consul shall be a witness. But if such city does not have the Royal Thai Consulate, you have to let notary public or magistrate to be a witness and must have a certificate issued by the Foreign Government that such person has the power to do so. Procedure to request bail for an accused or defendant 1. Request the typing form of application for provisional release from the Public Relation Officer of the court

People’s Manual for Court Services 89 2. Write the application for provisional release by asking suggestion or you can find the example from the Public Relation Officer. If the bailor cannot write, the Public Relation Officer will write for them without any expense 3. The accused or defendant shall sign in the application of provisional release. If the accused or defendant has not been held at the court, the application shall not be brought to sign by the defendant ** there will be a remark at the end of warrant of release, specifying the name of bailor and the correctional officer shall ask the defendant whether the defendant will object or not. If they are objected, the release will be halted and the warrant will be sent back to the court 4. The bail bondsman files the application of provisional release with evidences by submitting to the Public Relation Officer 5. After the Public Relation Officer checked the application form and the evidences, the officer will be record them as evidence, and submit it to the judge for the order. When the judge has ordered, the court will send it back to the Public Relation Officer 6. The PR officer will notify the court order to the bail bondsman. If the court permits, the officer will keep the bail security and receive the bail money. The officer will issue

90 People’s Manual for Court Services the document of taking bail security and receipt. After that, if the accused or the defendant has been held at the court and still has no detention warrant, the accused or defendant can be released from the detention room. But if the accused or the defendant has been held under the detention warrant issued by the court, the officer will bring the warrant of release to the detention room. The accused or defendant will be released on the date the court having order to bail. But if the court denies, the bailor can ask for the public relation officer the return of bail security. Whereas applying for bail during the appeal or dika appeal will use the same criteria as aforesaid. But the court may also decide to increase the amount of bail security from the same amount prescribed by the court of first instance. What is the duty of a bail bondsman? 1. Giving the name and address to the court, which must be the current address and can be contacted immediately. If there is any movement, it must be notified to the court as soon as possible. 2. After allowing to bail out by the court, they must sign on the bail contract as evidence and must sign to acknowledge the specific time to send the accused or defendant to the court

People’s Manual for Court Services 91 3. Sending the accused or defendant to the court In detention level, the bail bondsman must bring the accused or the defendant who bail to the court on the date of reaching the detention period In the court adjudication level, after the court has made the appointment for the appearance of the defendant for witness examination, hearing a judgment, inquiry or any other appointments. The bail bondsman must bring the defendant to the court every time. But if the bail bondsman made a default and cannot bring the accused or the defendant to the court, the court might revoke the bail and fine the bail bondsman according to the contract immediately. Therefore, the bail bondsman has to know where the accused or the defendant is during the provisional release. What to do if the bail bondsman has been fined If the court orders to fine the bail bondsman from the bail contract, the bail bondsman must pay the fine according to the court order within the specific time. But this can be paid in installment by submitting the application to the court. If the bail bondsman cannot pay the complete amount within the specific time, the court might order to confiscate or bring properties as bail security to auction for getting the money to make a fine payment. The court may

92 People’s Manual for Court Services confiscate any other properties of the bail bondsman to auction to make a fine payment in the complete amount. Whereas the bail bondsman whom the court order to be fined according to the bail contract is entitled to appeal or request to reduce, deduct or pay in installment to the court, when the defendant is sent to the court. (The consideration of reducing fine is the decision of the court of first instance, but the bail bondsman can also appeal such order) Withdrawal of the bail guarantee The bail bondsman may request for the withdrawal of bail anytime by sending the accused or defendant to the court with the petition. After the court permits, the responsibility according to the bail contract of the bail bondsman will be terminated. Receiving assets or cash from the court When the case is final, or the court orders to withdraw bail, or the bail contract has been terminated by any other cause, the responsibility according to the contract will be ended, the bail bondsman can request to get the guarantee back immediately by filing the application to the court and attaching the evidence, such as evidence receipt letter or

People’s Manual for Court Services 93 receipt issued by the court when applying for provisional release. If evidence receipt letter or receipt is lost, report must be made to the police officer and bring the daily notification from the police as evidence to the court. Normally, the bail bondsman must file the application by himself/herself. But if the bail bondsman cannot receive by himself/herself, he or she can give the consent to other person to receive the property or cash, by getting the power of attorney from the Court PR Officer. Return of seized assets When the court sentences to confiscate the exhibit used to commit crime, the owner of property who did not involve in the crime may submit the motion within 1 year after the date the case was final in order to ask the court to return the evidence. The court will make an appointment for the inquiry of the applicant and the plaintiff (if objected) and must bring the witness to testify. After the witness examination is finished, the court will issued the order whether to return the evidence to the applicant or not.

94 People’s Manual for Court Services Probation and performing community service in lieu of a fine In case of the court fines not over 80,000 Baht, the sentenced one who is an ordinary person and has no money to pay fine may submit the motion to the court of first instance adjudicating this case for the charity or public work instead of fine payment. The court’s order is final. Can an injured person request to enforce the defendant to pay compensation? In the criminal case that the public prosecutor prosecutes, if the injured person is entitled to claim for compensation because of harm to life, body, mentality, freedom, reputation or property due to the act of the defendant, the injured person will submit the motion to enforce the defendant to pay the compensation by submitting to the court that adjudicates such case. And the submission should be made before the witness examination. In case of no witness examination, the submission should be made before the decision of the court.

People’s Manual for Court Services 95 How to file a motion for retrial The case that has been final and given the person to receive the penalty according to the criminal law already might request for case reconsideration if there is one of the incident as follows; 1. The witness whom the court uses as a main point in the adjudication with final judgment showing later that the testimony is false fact or incorrect 2. Other evidences which the court uses as a main point in the adjudication with final judgment showing later that it is fake or fraud or unreal evidence 3. Having new clear evidences which are important to the case. If they are brought to investigate in the finished case, it will be prove that the person is innocent. If a new judgment shows that such person is not guilty, such person or the heir is entitled to receive the expense, including the rights deprived because of such judgment.

96 People’s Manual for Court Services What steps does an official need to comply with when executing a search under a search warrant issued by a court In gathering witnesses and evidences, the police officer or competent officer according to the law may need to find the necessary items which can be witness and evidence to the case or finding someone. When the officer according to the search warrant requests to search, such officer must show the true intention before the possessor of the place or members of his or her family and present the warrant issued by the court. The person receiving the search warrant should inspect details as follows; 1. Place of issue 2. Date of issue 3. Reason of issue 4. Place where will be searched, and name or the appearance of the person or item that needs to be searched, the date and time for searching, name and position of the office who conducts the search 5. Offence identified in the warrant 6. Signature of the judge and court seal affixed After being inspected and found correct, please cooperate with the officer according to the warrant by leading

People’s Manual for Court Services 97 to search. After searching, such officer will record the detail of searching and the list of found items. Then, all will be read to the possessor of the place or members of his or her family for acknowledgment and such person will sign for the acknowledgment. For your information: The search in residential place (private place) must be done during the sunrise until sunset (day time), except the search begins in the day time and cannot complete the search within the day time. Searching in the night time is acceptable. For the very urgent case or searching for the arrest of fierce accused or important accused, this can proceed in the night time. What to do when the court issued an arrest warrant In arresting someone, it must have the arrest warrant issued by the court, except cases as follows; 1. Such person committed crime of flagrant offence 2. Having suspicious behaviors to commit the crime causing damages to persons or properties of others by having tools, weapons, any other items that can proceed 3. Having reason to issue the arrest warrant to such person, but having urgent necessity that cannot request the court to issue the warrant for such person

98 People’s Manual for Court Services 4. Arresting the accused or defendant who fled or plan to flee under the bail conditions When being arrested, the arrest warrant must be checked as follows; 1. Place of issue, being issued by the court 2. Date of issue 3. Reason of issue 4. Name and appearance of the person who will be arrested 5. Offence identified in the warrant 6. Signature of the judge and court seal affixed Even having the arrest warrant, the competent officer according to the arrest warrant cannot arrest in residential place (private place), except for having search warrant or having incident according to the law that legal officer can enter the residential place, such as screaming sound for help from the residential place or the flagrant offence in the residential place.

People’s Manual for Court Services 99 Knowledge about court expense and court fee To make a payment to the court, such as fee, court fee, fine payment, security bail, etc., the receipt must be issued every time. Therefore it should be inspected whether the amount does correspond with the payment or not. If not, it will be considered as having fraud. The director of the Administrative Office of the Court, Judge, Chief Judge or Chief Justice of such court should be notified. Do not believe a person claiming that he or she can unduly influence the outcome of a case Do not believe the person claimed that he or she can unduly influence the outcome of trial because court orders or procedures must be complied with the law and the prescribed steps of such case. Whom to ask when having problem regarding filling application, petition or statement If a person contacting with the court has questions about the form, filling a statement, bail, withdrawal of bail, the court has arranged public relation officers for giving any suggestions for the convenience, rapidity and correctness in order to avoid the waste of time in contacting the court.

100 People’s Manual for Court Services What are Special Court and Specialized Court? A Special Court is a court established in accordance with the specific law to have the power to adjudicate the case of some group of person, such as child or juvenile, or some type of cases, such as family cases, child protection cases or victim of domestic violence cases, by using the different method from the general court. But the type of law is not complicated, like special jurisdiction, such as a Juvenile and Family Court. A Specialized Court means a court having the Establishment of Court Act prescribed for the establishment of this type of courts, including the specific procedure. But in the appeal of judgment, the appeal shall be submitted to the Supreme Court, such as the Central Bankruptcy Court, the Central Labor Court, etc.

People’s Manual for Court Services 101 What is the Juvenile and Family Court? The Juvenile and Family Court is the court with the power to try and adjudicate all criminal charges committed by the child or juvenile and family cases. The child means the person of the age between 7 and 14. And the juvenile, means the person of the age between 15 and 18, by counting from the date that the child or juvenile has committed crime. Therefore, the person committing crime and being prosecuted in the Juvenile and Family Court means the person of the age below 18. The family case, such as the Civil Case that must be enforced in compliance with the Civil and Commercial Code regarding Family, such as engagement, marriage, divorce, division of alimony, child parental power, adaptation of child, minor’s juristic act, cases about the application for judicial order of incompetent person or quasi-incompetent, etc. Types of Juvenile and Family Court 1. The Central Juvenile and Family Court, having jurisdiction all over Bangkok Metropolitan area 2. Provincial Juvenile and Family Courts, having jurisdiction all over such province 3. Branch Juvenile and Family Court, established for giving convenience to the parties, citizen or the person

102 People’s Manual for Court Services contacting with the court in the remote area where is far from the original court but this branch is still a part of the original court with the same jurisdiction. Intentions and objectives of the establishment of the Juvenile and Family Court 1. To protect the well-being of the child and juvenile, by correcting and supporting the child and juvenile with suitable methods for the child and juvenile and by finding reasons that cause the action of crime and resolving at the root of the problem 2. To protect the family institute and the benefit of the minor in a family case The principles of the Juvenile and Family Court 1. Having a lay judge who is a person having experiences in child raising or work involving the welfare support or teaching of children to be in the quorum, with at least one female lay judge 2. Having the separation of the adjudication of the case regarding child, which different from the normal case, from other cases in private. Such adjudication will not strictly comply with the Criminal Procedure Code

People’s Manual for Court Services 103 3. Having the tracing of fact and background regarding information, behavior and reasons of committing crime in order to present opinions to the court 4. Applying the method for the child and juvenile instead of criminal punishment, such as probation, suspension of sentence, training and rehabilitation. 5. For the flexibility in the correction of child and juvenile continuously, the Juvenile and Family Court has the power to amend the judgment 6. In the family case, having mediation is aimed to make a compromise for the happiness of the family and the personal benefit of the minor Currently, the Central Juvenile and Family Court is located at 6/1 Rachini Road, Phra Borom Maharatchawang Sub-District, Phra Nakhon District, Bangkok 10200. What is the Labor Court? A labor case is a case with specialty different from the general civil and criminal case because it is the dispute between the employer and employee according to the employment contract, or the rights of employer and employee according to the employment contract and the labor relation law, the provident fund law, the social security law. Therefore the labor court has been established.

104 People’s Manual for Court Services Cases under the power of rendering a judgment or having an order of the labor court can be divided into 3 types as follows; 1. General labor case, according to the Section 8 of the Establishment of Labor Court Act 2. Unfair termination of employment to the employee case 3. The labor case according to the consideration way of the Chief Justice of the Central Labor Court The procedure in Labor Court will mainly be under the mediation and dispute resolution. If the disputed parties (Employer - employee) cannot negotiate, the court will adjudicate according to the provisions of laws by taking fairness and peace into consideration. In the adjudication of a labor case, there will be 3 sides: (1) judge (2) one lay judge on the side of the employer and (3) one lay judge on the side of the employee, in the same number on each side to be the quorum. The Central Labour Court has the jurisdiction in 6 provinces, such as Bangkok Metropolitan area, Samut Prakan, Nakhon Pathom, Samut Sakhon, Nonthaburi and Pathum Thani Province, in which the Central Labour Court has established for 4 more branches as follows;

People’s Manual for Court Services 105 - Central Labour Court (Samut Prakan), having jurisdiction power over Samut Prakan Province - Central Labour Court (Samut Sakhon), having jurisdiction power over Samut Sakhon Province - Central Labour Court (Min Buri), having jurisdiction power over Min Buri, Nong Chok, Lat Krabang and Khlong Sam Wa Districts - Central Labour Court (Nonthaburi), having jurisdiction power over Bangkok Metropolis only in Don Mueang, Lak Si District, Sai Mai and Bang Khen Districts, Nonthaburi and Pathum Thani Provinces (responsible only in Mueang, Sam Khok and Lat Lum Kaeo Districts) Regarding in the region, in during have not established the labour court in such province, willing to consider the court jurisdiction according to the regional court as follows; Labour Court, Region I, having jurisdiction over Lop Buri, Chainat, Saraburi, Sing Buri, Phra Nakhon Si Ayutthaya and Ang Thong Provinces. Labour Court, Region II, having jurisdiction over Chanthaburi, Chachoengsao, Chon Buri, Trat, Nakhon Nayok, Prachin Buri, Rayong and Sa Kaeo Provinces. Labour Court, Region III, having jurisdiction over Nakhon Ratchasima, Chaiyaphum, Buri Ram, Si Sa Ket,

106 People’s Manual for Court Services Surin, Amnat Charoen, Ubon Ratchathani and Yasothon Provinces. Labour Court, Region IV, having jurisdiction over Kalasin, Khon Kaen, Nakhon Phanom, Maha Sarakham, Mukdahan, Roi Et, Loei, Sakon Nakhon, Nong Khai, Nong Bua Lam Phu and Udon Thani Provinces. Labour Court, Region V, having jurisdiction over Chiang Rai, Chiang Mai, Nan, Phayao, Phrae, Mae Hong Son, Lampang and Lamphun Provinces. Labour Court, Region VI, having jurisdiction over Kamphaeng Phet, Tak, Nakhon Sawan, Phichit, Phitsanulok, Phetchabun, Sukhothai, Uttaradit and Uthai Thani Provinces. Labour Court, Region VII, having jurisdiction over Kanchanaburi, Prachuap Khiri Khan, Phetchaburi, Ratchaburi, Samut Songkhram and Suphan Buri Provinces. Labour Court, Region VIII, having jurisdiction over Krabi, Chumphon, Nakhon Si Thammarat, Phangnga, Phuket, Ranong and Surat Thani Provinces. Labour Court, Region IX, having jurisdiction over Trang, Narathiwat, Pattani, Phatthalung, Yala, Songkhla and Satun Provinces. Currently, the Central Labour Court is located at No. 404 Rama 4 Road, Maha Phruetharam Sub-District, Bang Rak District, Bangkok 10500, Tel. No. 0-2235-1501-8

People’s Manual for Court Services 107 What is the Intellectual Property and International Trade Court? Due to the complexity and special characteristics of the intellectual property and international trade case, the Intellectual Property and International Trade Court has been therefore established for the adjudication of case by judges having specific knowledge on intellectual property and international trade. All this, the administration of justice for people can be fair, fast and more effective. Characteristic of the Court The Central Intellectual Property and International Trade Court is a court of first instance which is a specialized court, having power to adjudicate intellectual property and international trade cases, both civil and criminal cases. Law on the Establishment of the Court The Central Intellectual Property and International Trade Court is established by The Establishment of Intellectual Property and International Trade Court and Intellectual Property and International Trade Case Procedure Act B.E. 2539 (1996), which opened in 1 December 1997.

108 People’s Manual for Court Services Jurisdiction of the Court According to The Establishment of Intellectual Property and International Trade Court Act, the Central Intellectual Property and International Trade Court has the jurisdiction over 6 provinces, such as Bangkok Metropolitan area, Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan and Samut Sakhon. Any other provinces are under the Regional Intellectual Property and International Trade Courts. But such courts have not yet been established. Therefore, the Central Intellectual Property and International Trade Court has the jurisdiction over the country. Types of case filed to the court The Central Intellectual Property and International Trade Court has the power to adjudicate both civil and criminal cases regarding intellectual property and international trade as follows; - Criminal cases relating to intellectual property, such as criminal cases regarding trademarks, copyrights and patents; and criminal cases regarding offences of trade under Sections 271 - 275 of the Criminal Code - Civil cases relating to intellectual property, such as civil cases regarding trademarks, copyrights, patents and

People’s Manual for Court Services 109 cases arising from agreements on technology transfers or licensing agreements - Civil or criminal cases relating to a dispute in the design of integrated circuit, the scientific discovery, the trade name, the geographical name showing the place of origin of a product, the trade secret and the Protection of New Varieties of Plants - Civil cases relating to international trade, such as civil cases regarding international sale, exchange of goods or financial instruments, provision of international services, international carriage, insurance and other related juristic acts; civil cases regarding letter of credit and trust receipt, including insurance relating to such enterprises; civil cases regarding arrest of ships, dumping and subsidization of goods or services from abroad - civil or criminal cases which are under the jurisdiction of the Intellectual Property and International Trade Court; civil cases regarding arbitration for resolving the aforesaid dispute

110 People’s Manual for Court Services In case where there is a dispute over the jurisdiction of the Central Intellectual Property and International Trade Court, whether it occurs in such court or other courts, such court shall submit such problem to the President of the Supreme Court for the decision. The decision of the President of the Supreme Court is final. Procedure in the Court For the expediency of procedure, the Establishment of the Intellectual Property and International Trade Court Act is prescribed to adjudicate the case continuously, except for the necessity. In addition, the Chief Justice of the Central Intellectual Property and International Trade Court, by the approval of the President of the Supreme Court, has a power to issue the conditions regarding the proceedings and taking evidences applied in the court. This will help the adjudication of the case in the Intellectual Property and International Trade Court to be convenient, fast, and cheap, as a special characteristics different from any other courts. Adjudication with special characteristics - Contacting with any other court might be conduct via facsimile, electronic media or information technology media in any other types instead of special urgent mail, or applying them together

People’s Manual for Court Services 111 - Allowing to inquire the witness outside the court via video conference - The parties in the intellectual property case can apply for injunction before filing the plaint - Allowing the parties to record statement of testimony on fact or opinions of witnesses instead of inquiring before the court - Allowing for non-English translated documents submitted to the court, if such documents are not the evidence of main issues of the case - Allowing the computer’s data and information to be the evidence of the case - In case of emergency or necessity, the court can be requested to issue the order of confiscating documents or materials that will be presented as evidences Mediation system After the parties have brought the case to the court, both parties might negotiate or dissolve the dispute by mediation. This method is a convenient method and not as complicated as court procedure. In this act, the court facilitates the parties that request for mediation by arranging a mediation room with a relax environment for discussion. If the party is a foreigner, an English interpreter is available. And the court

112 People’s Manual for Court Services has issued the Regulation of the Central Intellectual Property and International Trade Court regarding dispute mediation in order that the procedure will be appropriate, fair, convenient, quick and effective. Appealing The judgment or the order of the Intellectual Property and International Trade Court can be directly appealed to the Supreme Court within 1 month from the date of reading such judgment or order. Regarding the criminal case with the maximum penalty of not over 3 years imprisonment or not over 60,000 Baht for fine payment or both, the appeal of judgment in the factual problem is not allowed, unless the defendant was sentenced to be imprisoned or detained instead of imprisonment or the court rules suspension of sentence or fines not over 5,000 Baht. In the civil case that the property price or value in dispute in the appeal level is not over 200,000 Baht, both parties are not allowed to appeal the factual problem, except the judge of such case has made the argument or certified that there is a reasonable ground for appeal or the Chief Justice allows appealing by notifying in the written form.

People’s Manual for Court Services 113 Currently, the Central Intellectual Property and International Trade Court is located at the Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary, 5 December, B.E. 2550 ( 2007), Rajaburi Direkriddhi Building, 5th - 7th Floor, No. 120, Village No 3, Chaeng Watthana Road, Thung Song Hong Sub-Disitrict, Lak Si District, Bangkok 10210, Telephone 0-2141-1910-14, Fax: 0-2143-8725, e-mail: [email protected] What is the Tax Court? The Tax case is the case with the special characteristics and different from any other civil cases because it is about the dispute between the private party and a government agency due to the evaluation or collection of tax. If such case is adjudicated by judges with specific knowledge about tax problems, this will make the adjudication of tax case faster. Therefore, it is appropriate to establish the Tax Court to adjudicate tax cases with the special procedure. The Tax Court has the power to adjudicate the civil case regarding tax according to the Revenue Code, customs, tariff, house and land taxes, billboard tax, local support tax, severance tax. Before filing the plaint, it must completely proceed in accordance with the Revenue Code or the law regarding such taxation, such as the dispute case according

114 People’s Manual for Court Services to the Revenue Code, the plaintiff, as citizen, sues the Revenue Department, the plaintiff must submit the appeal of the evaluation within 30 days and must filed the plaint within 30 days from the date of receiving the decision of appeal, in which having specified in the same way in almost every taxation types. However, the regulations of laws may specify additional conditions, e.g. the plaintiff must pay the tax according to the evaluation before being entitle to file a plaint according to the House and Land Tax Act B.E. 2475 (1932), etc. The Central Tax Court has the jurisdiction over Bangkok Metropolitan area, Samut Prakan, Samut Sakhon, Nakhon Pathom, Nonthaburi and Pathum Thani. Therefore, the Tax case which the defendant has the domicile in Bangkok Metropolitan area or aforesaid provinces must only be filed at the Central Tax Court. But if the case is outside the jurisdiction of Central Tax Court, it could be filed at the Central Tax Court under the consideration of the Central Tax Court whether to receive such case or not. Currently, there is only the Central Tax Court. Therefore, for the convenience of the party, the case can be filed at the court in the defendant’s domicile. But such Provincial Court must submit the plaint to the Central Tax Court for the consideration of issuing an order.

People’s Manual for Court Services 115 Today, the Central Tax Court is located at the Civil Court Building, 1st - 2nd Floor and 13th Floor, Ratchadaphisek Road, Chompol Sub-District, Chatuchak District, Bangkok 10900. What is the Bankruptcy Court? The Central Bankruptcy Court is a court of first instance as a specialized court according to the law on the Organization of the Court of Justice. This court is established by the Establishment of the Bankruptcy Court Act and Bankruptcy Case procedure B.E. 2542 (1999). Its objective is that all bankruptcy cases, which are different from any other civil cases, shall be adjudicated by judges with specialized knowledge. The Central Bankruptcy Court has the power to adjudicate bankruptcy cases which are defined as cases under the bankruptcy law (Currently, the Bankruptcy Act B.E. 2483 (1940)) and are not criminal cases, including civil cases involving with a bankruptcy case. In case of having problem to decide whether a case will be under the jurisdiction of the Bankruptcy Court or any other courts of first instance, the President of the Supreme Court shall decide. However, if the Bankruptcy Court or any other courts of first instance

116 People’s Manual for Court Services have already reached the final decision for the case, the issue of court jurisdiction shall not be submitted to the Supreme Court. The Central Bankruptcy Court has the jurisdiction over Bangkok Metropolitan area. While a Bankruptcy Court is still not opened in other areas, the Central Bankruptcy Court has also the jurisdiction to adjudicate the bankruptcy case in such area, under the transitory provisions. The Central Bankruptcy Court has the power all over the country in the initial stage of its establishment. However, for the convenience to the citizen, the Bankruptcy Court Establishment Act has given the power to the Provincial Court to receive the case instead of the Central Bankruptcy Court. In such case, the Central Bankruptcy Court can decide to summon both parties to proceed about the case at the Central Bankruptcy Court, adjudicating such case at the Provincial Court where receives the case or assign the judge of such Provincial Court to adjudicate the case instead. The judge: The judge who will be appointed to adjudicate in the Bankruptcy Court shall be selected from the person with knowledge and understanding on the bankruptcy law. When the Establishment of the Bankruptcy Court Act has not regulated others, a quorum will be the same as any other ordinary courts of first instance, i.e. 2 judges as a quorum.

People’s Manual for Court Services 117 The Establishment of the Bankruptcy Court Act has not prescribed to have a lay judge because of the complexity of bankruptcy cases regarding with many fields of business. Appointing the lay judge to be in the quorum can hardly be implemented and inconvenient. When having appointed a lay judge with any particular area of knowledge in the quorum, if there is other disputes which are not related with the field in which the lay judge understands, it might cause a problem in the adjudication. Besides, Section 20 has regulated to give power to the court to call an expert to give a comment about the case at any time of trial. This can create the opportunity for the court to listen to comments of expert in the field of real dispute. There will be more flexibility and consistency with the characteristics of the bankruptcy case. The Criminal Case under the Jurisdiction of the Bankruptcy Court The Bankruptcy Court has the power to adjudicate the criminal case according to the Bankruptcy Act B.E. 2483 (1940): the criminal case related to business restoration regulated in Section 90/80 to Section 90/89 and the criminal case regarding bankruptcy regulated in Section 161 to 175. However, the Establishment of the Bankruptcy Court Act has regulated about the bankruptcy case procedure. In part of

118 People’s Manual for Court Services criminal case, only in some parts, it has mainly brought up the provisions in the Criminal Procedure Code and the law on the establishment of Kwaeng Court and criminal case procedure in Kwaeng Court to apply, such as request for search warrant, request for detention and postponement of filing plaint, application for provisional release, the trial and adjudication, etc. Today, the Central Bankruptcy Court is located at the Government Complex Commemorating His Majesty the King’s 80th Birthday Anniversary, 5 December, B.E. 2550 (2007), Rajaburi Direkriddhi Building, 2nd - 4th Floor, No. 120, Village No. 3, Chaeng Watthana Road, Thung Song Hong Sub-District, Lak Si District, Bangkok 10210.

People’s Manual for Court Services 119

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