1. Legal System in Thailand
Prapon Sahapattana

3. 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%

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

5. 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

6. 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

7. 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

8. 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

9. 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

11. 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

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

16. 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

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

18. 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)

19. 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

20. 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

22. 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

23. 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

24. 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

25. 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)

26. 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

27. Questions ?