Steps in Civil and Criminal Cases in Thailand

Thailand’s legal system is based on civil law, with written codes and procedures governing judicial processes. When legal disputes arise, they are generally categorized into civil or criminal cases, each following distinct legal paths. Understanding the step-by-step procedures in both types of cases is essential for litigants, legal practitioners, and anyone doing business or residing in Thailand.

This article outlines the major steps involved in civil and criminal cases in Thailand, including pre-trial procedures, trial processes, and post-judgment actions.

Part I: Steps in Civil Cases in Thailand

Civil cases involve private disputes between individuals, companies, or organizations over rights, contracts, property, torts, or family matters. Common examples include breach of contract, loan recovery, divorce, inheritance, or property disputes.

Step 1: Filing of Complaint

The plaintiff (the party initiating the case) files a complaint with the civil court. This complaint must include:

• The facts of the case

• Legal arguments

• The relief or remedy sought (e.g., damages, injunction, property recovery)

The court accepts the case and issues a summons to the defendant.

Step 2: Service of Summons and Response

The court’s officers serve the summons and a copy of the complaint to the defendant. The defendant is then given a specific period (usually 15–30 days) to file a written answer or defense.

Failure to respond may lead to a default judgment in favor of the plaintiff.

Step 3: Preliminary Hearing (Optional)

In some cases, the court may hold a preliminary hearing to examine whether the claim has merit or if the parties can settle. If the complaint is legally insufficient, the court may dismiss the case.

Step 4: Mediation or Settlement (Encouraged)

Thailand’s courts actively promote mediation to resolve civil disputes amicably. If both parties agree, the court assigns a mediator to facilitate negotiations.

If mediation is successful, the court approves the settlement and issues a binding order.

Step 5: Trial Proceedings

If mediation fails, the case proceeds to trial. Both sides present:

• Documentary evidence

• Witness testimony

• Legal arguments

The court may hold multiple hearings depending on the complexity of the case.

Step 6: Court Judgment

After the hearings conclude, the judge issues a written judgment, typically within 30–60 days. The judgment outlines the court’s findings and orders any compensation or remedies.

Step 7: Appeal and Enforcement

Parties may appeal the decision to the Court of Appeal or Supreme Court (Dika Court) under certain conditions. Once the decision is final, the winning party can seek enforcement, such as garnishment of wages or seizure of assets.

Part II: Steps in Criminal Cases in Thailand

Criminal cases involve offenses against public order and state laws, such as theft, assault, fraud, drug trafficking, and corruption. These cases are initiated by state authorities, but private individuals may also file complaints under certain conditions.

Step 1: Filing a Complaint or Arrest

A criminal case may start with:

• A complaint by a victim at a police station

• An arrest by law enforcement based on suspicion or evidence

Police officers investigate the crime, gather evidence, and may detain the accused.

Step 2: Police Investigation

The police conduct an in-depth investigation, which may include:

• Taking witness statements

• Collecting forensic evidence

• Interrogating the accused

The accused has the right to legal counsel during this stage. Depending on the severity of the offense, the police may grant bail or detain the suspect during the investigation.

Step 3: Submission to the Public Prosecutor

Once the investigation concludes, the police submit the case file to the public prosecutor, who reviews the evidence and decides whether to:

• Prosecute the accused

• Drop the charges

• Request more evidence

For serious offenses, such as felonies, the prosecutor’s decision is critical to proceeding with formal charges.

Step 4: Filing the Criminal Case in Court

If the prosecutor decides to proceed, they file a formal charge sheet in the criminal court. If the victim files the case privately (as in defamation or minor assault cases), the court first holds a preliminary hearing to determine if there is enough evidence to proceed.

Step 5: Arraignment and Plea

The accused is brought before the court to be formally charged and asked to enter a plea:

• Guilty: The court may issue a sentence without trial.

• Not Guilty: The case proceeds to trial.

Step 6: Bail Consideration

Throughout the trial, the accused can apply for bail. Courts consider the seriousness of the offense, risk of flight, and potential interference with evidence when granting bail.

Step 7: Trial and Evidence Presentation

In criminal trials:

• The prosecutor presents evidence first.

• The defense then rebuts with its own witnesses and documents.

All proceedings must comply with due process and fairness. The burden of proof is on the prosecution to prove guilt beyond a reasonable doubt.

Step 8: Judgment and Sentencing

After reviewing the evidence, the court delivers a verdict. If the accused is found guilty, the court issues a sentence which may include imprisonment, fines, or community service.

If found not guilty, the accused is acquitted and released.

Step 9: Appeal Process

Both the prosecution and the defendant have the right to appeal to higher courts within prescribed deadlines. Appeals must be based on legal errors, misinterpretation of facts, or procedural issues.

Final judgments may be enforced, pardoned, or commuted depending on subsequent legal actions or royal clemency.

Key Differences Between Civil and Criminal Cases

Conclusion

The legal procedures in civil and criminal cases in Thailand are carefully structured to ensure fairness, efficiency, and access to justice. While civil cases aim to resolve private disputes and offer remedies, criminal cases protect public order by punishing unlawful behavior. Thailand’s legal system, with its dedicated courts and clear procedural codes, enables both citizens and foreigners to seek justice effectively.

Whether you’re a business operator, legal professional, or individual involved in a dispute, understanding the legal steps can help you navigate Thailand’s court system with confidence and clarity.