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 People’s Manual for Manual People’s Structure of the Court of Justice The Supreme Court Court Services The Court of Appeal The Court of Appeal, The Court of Appeal for Region I-IX Specialized Cases The Court of First Instance in Bangkok The Court of First Instance - Juvenile and Family Court - Civil Court,Bangkok South Civil Court, in Provinces - Central Juvenile and Family Court Thon Buri Civil Court - Provincial Courts - Central intellectual Property and - Criminal Court, Bangkok South Criminal Court, - Kwaeng Courts International Trade Court Thon Buri Criminal Court - Central Bankrupcy Court - Min Buri Provincial Court, Taling Chan - Central Tax Court Provincial Court, Phra Khanong