Legal System in Thailand Prapon Sahapattana

Thailand Land of Smile established in the mid 14th century 514,000 square kilometers (Texas = 678,000) population 64,265,276 76 provinces 95% Buddhism, 3.8% Muslim, 0.5% Christianity literacy rate 96%

Thailand a constitutional monarchy with a parliamentarian form of government and with the King as Head of State

3 branches of power Legislative power: vested in the Parliament, and exercised through a bicameral National Assembly Judicial power: exercised through 3 levels of the Law Courts Executive power: exercised through a Cabinet headed by a Prime Minister

Thai Judiciary and Justice System created by King Ramkhamhaeang the Great around 1200s – 1300s modern justice system was created between 1868 – 1910 in King Rama the 5th Thai law was reformed in the early 20th century by Prince Rabi of Ratchaburi

Legal System mixture of both civil and common law presumption of innocence and the right to defend benefit will be granted in case of doubt the biggest change in the late 20th century public order v. individual rights

The Constitution (1997) promote citizen participation, protect individual liberties, restrict the state’s power against individual rights, advocate an independent judiciary, and create mechanisms for a more transparent and accountable government change procedures in criminal law

The Constitution (1997) cont. due process of law a crime occurs when a concurrence of act and intent is presented exclusionary rule does not apply

Police is militaristic and centralized organization reports directly to the prime minister has personnel of 220,000 officers has comprehensive functions such as investigation, public safety, immigration, traffic control, fire extinguish, border patrol, etc. has about 1,500 police stations Police / Citizens = 1 / 260

Support Units Police Education Bureau Police Cadet Academy Office of Logistics Office of the Surgeon General Office of Forensic Science

Rank and Position of Police   RANK COMMISSIONER GENERAL GENERAL DEPUTY COMMISSIONER GENERAL LIEUTENANT GENERAL ASSISTANT COMMISSIONER GENERAL COMMISSIONED OFFICER MAJOR GENERAL COMMISSIONER COLONEL DEPUTY COMMISSIONER LIEUTENANT COLONEL ASSISTANT COMMISSIONER MAJOR COMMANDER CAPTAIN DEPUTY COMMANDER LIEUTENANT SUPERINTENDENT SUB LIEUTENANT DEPUTY SUPERINTENDENT NON COMMISSONED OFFICER SENIOR SERGEANT INSPECTOR SERGEANT MAJOR SUB-INSPECTOR SERGEANT SQUAD LEADER CORPORAL SERVICEMAN LANCE COPORAL CONSTABLE

STRUCTURE OF A POLICE STATION CHIEF OF THE STATION (SUPPERINTENDENT) SUPPORT SECTION TRAFFIC SECTION CRIME SUPPRESSION SECTION PATROL COMMUNITY POLICING INVESTIGATION SECTION INTERROGATION SECTION

Lawyer requires an education in law, a registration, and a license to practice from the Law Society of Thailand is not divided into barristers and solicitors is not required to pass a bar examination be an apprentice in a law firm for at least 1 year and passing an examination are required to enter a training course attend training course that includes theory of case conduct and professional ethics (90 hours); and working practice in a qualified law office (at least 6 months)

Public Prosecutor is under the Office of the Attorney-General and reports directly to the prime minister investigative role begins when he or she receive a case from police public prosecutor balances the power between police and judiciary safeguards national interests, protects civil rights and provides legal aid, and cooperating internationally

Public Prosecutor (cont.) has a law degree must pass the examination of the Institute of Legal Education of Thai Bar Association must have at least 2 years experience in legal profession: judicial official, probation officer, lawyer, etc. must be at least 25 years of age must pass an examination for a public prosecutor-trainee must participate in a training course for 1 year

Court judge performs duty in the name of the King no jury system no plea bargain process 4 categories including the Constitutional Court, the Administrative Court, the Military Court, and the Court of Justice

4 Courts Constitutional Court: render judgment or decision on the constitutionality of the provision of law and other powers Administrative Court: try and adjudicate administrative disputes between the private sector and state organs concerning the issue of abuse of power Military Court: try and adjudicate cases involving persons within its jurisdiction Courts of Justice: try and adjudicate all cases except those specified by other laws

the Court of Justice all cases commence at a Court of First Instance appeals against Court of First Instance judgments can be filed with the Court of Appeals the Supreme Court has jurisdiction over cases appealed from the Court of Appeals

Judge is appointed position not elected is at least 25 years of age has a law degree must pass the bar exam must has at least 2 years experience in legal profession must pass the examination to enter a judge trainee program (last for 1 year)

The Institute of Legal Education of Thai Bar Association Lawyer: register and obtain a license from the Law Society of Thailand Judge and public prosecutor: pass the bar exam from the Institute of Legal Education of Thai Bar Association some lawyer also pass the bar exam Bar exam: 2 terms with written and oral tests a student who passes the examination is entitled to be a Barrister-at-Law

Questions ?