Legal System in ThailandLegal System in Thailand

Prapon SahapattanaPrapon Sahapattana

ThailandLand 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%

ThailandThailand

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

Legislative power:Legislative power: vested in the vested in the Parliament, and exercised through Parliament, and exercised through a bicameral National Assemblya bicameral National Assembly

Judicial power: Judicial power: exercised through exercised through 3 levels of the Law Courts3 levels of the Law Courts

Executive power: Executive power: exercised exercised through a Cabinet headed by a through a Cabinet headed by a Prime MinisterPrime Minister

3 branches of power3 branches of power

Thai Judiciary and Justice SystemThai Judiciary and Justice System

created by King Ramkhamhaeang created by King Ramkhamhaeang the Great around 1200s – 1300sthe Great around 1200s – 1300s

modern justice system was created modern justice system was created between 1868 – 1910 in King Rama between 1868 – 1910 in King Rama the 5ththe 5th

Thai law was reformed in the early Thai law was reformed in the early 20th century by Prince Rabi of 20th century by Prince Rabi of RatchaburiRatchaburi

Legal SystemLegal System

mixture of both civil and common mixture of both civil and common lawlaw

presumption of innocence and the presumption of innocence and the right to defendright to defend

benefit will be granted in case of benefit will be granted in case of doubtdoubt

the biggest change in the late 20the biggest change in the late 20thth centurycentury

public order v. individual rightspublic order v. individual rights

The Constitution (1997)The Constitution (1997)

promote citizen participation, protect promote citizen participation, protect individual liberties, restrict the individual liberties, restrict the state’s power against individual state’s power against individual rights, advocate an independent rights, advocate an independent judiciary, and create mechanisms for judiciary, and create mechanisms for a more transparent and accountable a more transparent and accountable governmentgovernment

change procedures in criminal lawchange procedures in criminal law

The Constitution (1997) cont.The Constitution (1997) cont.

due process of lawdue process of law a crime occurs when a concurrence a crime occurs when a concurrence

of act and intent is presentedof act and intent is presented exclusionary rule does not applyexclusionary rule does not apply

Police Police is militaristic and centralized is militaristic and centralized

organizationorganization reports directly to the prime ministerreports directly to the prime minister has personnel of 220,000 officershas personnel of 220,000 officers has comprehensive functions such as has comprehensive functions such as

investigation, public safety, investigation, public safety, immigration, traffic control, fire immigration, traffic control, fire extinguish, border patrol, etc.extinguish, border patrol, etc.

has about 1,500 police stationshas about 1,500 police stations Police / Citizens = 1 / 260Police / Citizens = 1 / 260

Prime MinisterPrime Minister

Royal Thai PoliceRoyal Thai Police

National Police BoardNational Police Board

General Staff UnitsGeneral Staff Units Operation UnitsOperation Units Support UnitsSupport Units

Office of the Inspector General

Office of the Inspector General

Main Operation UnitsMain Operation Units

Support Operation UnitsSupport Operation Units

General Staff UnitsGeneral Staff Units

Technical Service Division

Technical Service Division

Office of Secretary to Royal Thai Police

Office of Secretary to Royal Thai Police

Foreign Affairs DivisionForeign Affairs Division Finance DivisionFinance Division

Internal Audit DivisionInternal Audit Division Legal Affairs DivisionLegal Affairs Division

Office of the National Police Board

Office of the National Police Board

Office of Police Committee

Office of Police Committee

Office of Planning and Budget

Office of Planning and Budget

Office of Human Resources

Office of Human Resources

Office of the Chief of StaffOffice of the Chief of Staff

Operation UnitsOperation Units

Main Operation UnitsMain Operation Units Support Operation UnitsSupport Operation Units

Metropolitan Police BureauMetropolitan Police Bureau

Provincial Police Region 1-9

Provincial Police Region 1-9

Border Patrol Police BureauBorder Patrol Police Bureau

Central Investigation Bureau

Central Investigation Bureau

Narcotic Suppression Bureau

Narcotic Suppression Bureau

Immigration Bureau

Immigration Bureau

Special BranchSpecial Branch

Royal Court Security PoliceRoyal Court

Security Police

Support UnitsSupport Units

Police Education Bureau

Police Education Bureau

Police Cadet Academy

Police Cadet Academy

Office of LogisticsOffice of Logistics

Office of the Surgeon General

Office of the Surgeon General

Office of Forensic Science

Office of Forensic Science

POSITION   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 COMMISSONEDOFFICER

SENIOR SERGEANT

INSPECTOR   SERGEANT MAJOR

SUB-INSPECTOR   SERGEANT

SQUAD LEADER   CORPORAL

SERVICEMAN   LANCE COPORAL

    CONSTABLE

Rank and Position of Police

STRUCTURE OF A POLICE STATION

COMMUNITY POLICING

PATROL

TRAFFICSECTION

INTERROGATIONSECTION

INVESTIGATIONSECTION

CRIME SUPPRESSIONSECTION

SUPPORT SECTION

CHIEF OF THE STATION(SUPPERINTENDENT)

LawyerLawyer requires an education in law, a requires an education in law, a

registration, and a license to practice from registration, and a license to practice from the Law Society of Thailandthe Law Society of Thailand

is not divided into barristers and solicitorsis not divided into barristers and solicitors is not required to pass a bar examinationis not required to pass a bar examination be an apprentice in a law firm for at least be an apprentice in a law firm for at least

1 year and passing an examination are 1 year and passing an examination are required to enter a training courserequired to enter a training course

attend training course that includes theory attend training course that includes theory of case conduct and professional ethics of case conduct and professional ethics (90 hours); and working practice in a (90 hours); and working practice in a qualified law office (at least 6 months)qualified law office (at least 6 months)

Public ProsecutorPublic Prosecutor

is under the Office of the Attorney-General is under the Office of the Attorney-General and reports directly to the prime ministerand reports directly to the prime minister

investigative role begins when he or she investigative role begins when he or she receive a case from policereceive a case from police

public prosecutor balances the power public prosecutor balances the power between police and judiciarybetween police and judiciary

safeguards national interests, protects civil safeguards national interests, protects civil rights and provides legal aid, and rights and provides legal aid, and cooperating internationallycooperating internationally

Public ProsecutorPublic Prosecutor (cont.) (cont.) has a law degreehas a law degree must pass the examination of the Institute must pass the examination of the Institute

of Legal Education of Thai Bar Associationof Legal Education of Thai Bar Association must have at least 2 years experience in must have at least 2 years experience in

legal profession: judicial official, probation legal profession: judicial official, probation officer, lawyer, etc.officer, lawyer, etc.

must be at least 25 years of agemust be at least 25 years of age must pass an examination for a public must pass an examination for a public

prosecutor-traineeprosecutor-trainee must participate in a training course for 1 must participate in a training course for 1

yearyear

CourtCourt

judge performs duty in the name of judge performs duty in the name of the Kingthe King

no jury systemno jury system no plea bargain processno plea bargain process 4 categories including the 4 categories including the

Constitutional Court, the Constitutional Court, the Administrative Court, the Military Administrative Court, the Military Court, and the Court of JusticeCourt, and the Court of Justice

Constitutional CourtConstitutional Court: render judgment : render judgment or decision on the constitutionality of the or decision on the constitutionality of the provision of law and other powers provision of law and other powers

Administrative CourtAdministrative Court: try and adjudicate : try and adjudicate administrative disputes between the administrative disputes between the private sector and state organs concerning private sector and state organs concerning the issue of abuse of power the issue of abuse of power

Military CourtMilitary Court: try and adjudicate cases : try and adjudicate cases involving persons within its jurisdictioninvolving persons within its jurisdiction

Courts of JusticeCourts of Justice: try and adjudicate all : try and adjudicate all cases except those specified by other lawscases except those specified by other laws

4 Courts4 Courts

the Court of Justice the Court of Justice

all cases commence at a Court of all cases commence at a Court of First InstanceFirst Instance

appeals against Court of First appeals against Court of First Instance judgments can be filed with Instance judgments can be filed with the Court of Appealsthe Court of Appeals

the Supreme Court has jurisdiction the Supreme Court has jurisdiction over cases appealed from the Court over cases appealed from the Court of Appealsof Appeals

JudgeJudge

is appointed position not electedis appointed position not elected is at least 25 years of ageis at least 25 years of age has a law degreehas a law degree must pass the bar exammust pass the bar exam must has at least 2 years experience must has at least 2 years experience

in legal professionin legal profession must pass the examination to enter a must pass the examination to enter a

judge trainee program (last for 1 judge trainee program (last for 1 year)year)

The Institute of Legal Education of The Institute of Legal Education of Thai Bar Association Thai Bar Association

LawyerLawyer: register and obtain a license from : register and obtain a license from the Law Society of Thailandthe Law Society of Thailand

JJudge and public prosecutorudge and public prosecutor: pass the : pass the bar exam from the Institute of Legal bar exam from the Institute of Legal Education of Thai Bar AssociationEducation of Thai Bar Association

some lawyer also pass the bar examsome lawyer also pass the bar exam Bar examBar exam: 2 terms with written and oral : 2 terms with written and oral

teststests a student who passes the examination is a student who passes the examination is

entitled to be a Barrister-at-Lawentitled to be a Barrister-at-Law

Questions ?Questions ?