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

Prime Minister
National Police Board
Royal Thai Police
Office of the Inspector
General
General Staff Units
Operation Units
Support Units
Main Operation Units
Support Operation Units
General Staff Units
Technical Service
Division
Office of Secretary to
Royal Thai Police
Foreign Affairs Division
Finance Division
Internal Audit Division
Legal Affairs Division
Office of the
National Police Board
Office of Police
Committee
Office of Planning
and Budget
Office of Human
Resources
Office of the
Chief of Staff
Operation Units
Main Operation Units
Support Operation Units
Metropolitan
Police Bureau
Central Investigation
Bureau
Provincial Police
Region 1-9
Narcotic Suppression
Bureau
Border Patrol
Police Bureau
Immigration
Bureau
Special Branch
Royal Court
Security Police
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
POSITION
RANK
COMMISSIONER GENERAL
GENERAL
DEPUTY COMMISSIONER GENERAL
LIEUTENANT GENERAL
ASSISTANT COMMISSIONER
GENERAL
COMMISSIONER
COMMISSIONED
OFFICER
MAJOR GENERAL
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
INVESTIGATION
SECTION
COMMUNITY
POLICING
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 ?