1. THAI LEGAL SYSTEM  Thailand is a follower of civil law concepts  There is no jury system in Thailand  The Thai courts of justice have increasingly had to deal with complex commercial, corporate, intellectual property, maritime, privatization, banking, financial, securities, environmental, tax, and trade issues.

2. History of Thai Legal System  The ancient origins of Thai law before the Sukhothai Period (A.D. 1238-1350) were influenced by the Hindu Code of Manu.  During the Ayuthaya Period (A.D.1350-1767), the modified Code of Manu, called the Dhammasattham, along with the Rajasattham, which are rules developed from the actual decisions of kings in administering justice, formed the Thai legal system.

3. History of Thai Legal System  After the fall of Ayuthaya in the Burmese invasion of A.D. 1764, King Rama I (A.D. 1782- 1806), the founder of Bangkok, appointed a Royal Commission to revise the law of the land.  The revised Code of 1805, commonly known as the Law of the Three Great Seals, contained both the Dhammasattham and the royal decrees and edicts.

4. History of Thai Legal System  It remained in force until the reforms under Prince Rabi of Ratchaburi, the Father of Modern Thai Law.  In the early twentieth century, it culminated into the Civil and Commercial, Civil Procedure, Criminal Procedure, and Penal Codes based on modern principles.

5. Development of Thai Legal System  At the turn of the twentieth century, Prince Rabi of Ratchaburi introduced reform of the Thai legal and court systems.  Thailand (then still called Siam) adopted a European system of jurisprudence, organization of courts, and legal procedures whereupon the Consular and International Courts were gradually phased out and withdrawn.

6. Thai legal system  The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, and Indian laws and practices.  Even today, Islamic laws and practices exist in four southern provinces.  Over the years, Thai law has naturally taken on its own Thai identity.

7. Thai legal system  The decade of the 1990s saw a revolution in the Thai legal system.  Best symbolized by the enactment of the previous Constitution in 1997, the Thai legal environment seeks to protect personal freedoms and promotion of market policies and democratic ideals.

8. Legal Education  In addition to the prerequisite LL.B. degree from the undergraduate law faculty of a Thai university, law graduates are now required to pass a seven- to eight-month training course provided by the Lawyers Council of Thailand, which consists of one month of training in theory and six to seven months of practical training.

9. Legal Education  Alternatively, law graduates may serve as law trainees (i.e. articled clerks) for one year in a law office and then pass the Lawyers Council examination before applying to the Lawyers Council for permission to practice law.  Those who wish to do so may pursue a Barrister- at-Law degree, a further one-year course offered by the Bar Institute.

10. Legal Education  Thailand is focusing on the growing commercial orientation of both its urban and rural populations.  Legal implications of actions are now being considered in both domestic and international commerce.  The courts and the law schools are upgrading themselves to meet these modern challenges.  Post-graduate diplomas and degrees in business law are now available.

11. The Legal Profession  The profession is limited in Thailand to Thai nationals. However, foreign attorneys who obtained lifetime work permits when the first Alien Working Act was passed in 1972 are allowed to continue giving legal advice, i.e. act as solicitors or legal consultants.

12. The Legal Profession  The Lawyers Council is given power under the Lawyers Act A.D. 1985 to issue rules regulating the professional practice and conduct of lawyers, breach of which constitutes professional misconduct.  When a complaint of professional misconduct is filed against a particular practicing lawyer, the Lawyers Council appoints a committee consisting of three members to investigate the complaint.  If they decide that the complaint is valid, the case is sent before the Disciplinary Committee.

13. Judiciary  The judiciary is currently made up of over 3,000 professional and trainee judges sitting on Courts of First Instance (excluding the Constitutional Court, the Administrative Court, and Military Courts), plus Courts of Appeal and one Dika (Supreme) Court.  Some judges are attached to the Office of the Court of Justice for administrative duties in support of the courts and filling in when needed in courts throughout the nation.

14. Judiciary  For the most part, judgeship is a career profession, and judge trainees are recruited by open competitive examination.  Candidates must be at least 25 years of age with an LL.B. degree from a Thai law school and a Barrister-at- Law degree from the Bar Institute, together with two years’ experience as a court clerk, assistant court clerk, probation officer, official receiver, public prosecutor, practicing lawyer, or other government legal officer.  Judge trainees then undergo training courses and serve as judges’ assistants (six months in Civil Courts and six months in Criminal Courts) for not less than one year.

15. Public Prosecutors  The government is represented in both criminal and civil matters by public prosecutors stationed throughout the country.  The Office of the Attorney General is currently an independent public agency.  Both judges and public prosecutors are governed by their own service commissions in order to be free of outside influence and control.  Like judges, public prosecutors are career professionals and are generally of very high caliber.

16. Legal Aid  There is no law dealing directly with legal aid, but it is provided for in both civil and criminal cases under the Civil and Criminal Procedure Codes.  In a civil case, if the Court is satisfied that the applicant is a pauper, court fees are waived.  In case the accused is 18 years old, before being informed of the offense, the inquiry officer may ask whether he/she has a counsel or not. If he/she requests one, the State shall procure one.  Attorney fees are prescribed by the Rules of the Ministry of Justice.  During the inquiry procedure, there must be a psychologist or social worker, as requested by the child and the public prosecutor, to participate in such examination in case the injured person or witness is a child.  Before the beginning of criminal case hearings, if the defendant has no counsel, one will be appointed by the Court before the trial starts in cases where the charge carries a maximum sentence of death, or by request where the accused is aged 18 or younger.

17. Power of Attorney  Before initiating or responding to a lawsuit in Thailand, the lawyer acting on behalf of a client must present to the court a form authorizing him/her to act on the client’s behalf. A  Thai lawyer representing a client in court has absolute authority to conduct the case in any manner he/she sees fit.  A Power of Attorney signed abroad normally requires notarization by a notary public and authentication by a Thai Embassy or Consulate in the country where the Power of Attorney is made.