Litigation in Thailand. Thailand follows a civil law tradition, influenced primarily by European codes, especially German and French models. The system is statute-based, with limited reliance on precedent. Litigation is governed by:
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The Civil Procedure Code (CPC) – for civil and commercial disputes
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The Criminal Procedure Code (CrPC) – for criminal prosecutions
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Specialized procedural statutes for administrative, family, bankruptcy, labor, and intellectual property disputes
There is no jury system. Judges are professional civil servants, and most trial courts sit as panels of career judges.
II. Judicial Hierarchy
The Thai court system is composed of several tiers:
| Court Level | Jurisdiction Scope |
|---|---|
| Courts of First Instance | Civil, criminal, and specialized courts (e.g., IP, labor, tax) |
| Courts of Appeal | Hears factual and legal appeals from lower courts |
| Supreme Court (Dika) | Reviews legal questions; final court of appeal |
| Administrative Courts | Handles lawsuits against government agencies or officials |
| Constitutional Court | Rules on constitutional compliance and political law |
Specialized courts have their own procedural regimes (e.g., Intellectual Property and International Trade Court, Labor Court, Tax Court, Bankruptcy Court).
III. Civil Litigation Procedure
A. Initiation of Action
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A plaintiff files a written complaint with the competent civil court
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The court issues a summons; the defendant must respond (typically within 15 days)
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Preliminary hearings may be held to clarify issues, set witness lists, and explore settlement
B. Trial and Evidence
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Civil trials are inquisitorial, with judges actively questioning witnesses
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Documentary and oral evidence must be disclosed before the hearing
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The burden of proof lies with the plaintiff, based on a preponderance of evidence
C. Judgment and Appeals
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Final judgment is issued in writing
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Either party may appeal to the Court of Appeal on questions of fact and law
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Further appeal to the Supreme Court requires leave, and is limited to legal questions
IV. Criminal Litigation
A. Initiation
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Most criminal cases are initiated by public prosecutors, following a police investigation
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Victims may also file private criminal complaints, subject to judicial screening
B. Detention and Bail
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Defendants can be detained pre-trial, but must be brought before a judge for continued detention
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Bail is discretionary, based on flight risk and seriousness of the offense
C. Trial
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The burden of proof is beyond a reasonable doubt
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Defendants are presumed innocent and may remain silent
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Judges play an active role in assessing witness credibility and legal argument
V. Evidence and Procedure
Key Features:
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No formal discovery procedure exists as in common law systems
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Witnesses are examined and cross-examined in court
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Evidence must be admissible, relevant, and material under the CPC or CrPC
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Documents in foreign languages must be officially translated and certified
Electronic evidence, while admissible, requires strict proof of authenticity and chain of custody
VI. Enforcement of Judgments
In civil matters, enforcement is handled through the Legal Execution Department (LED), under the Ministry of Justice.
Enforcement Tools:
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Writs of execution
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Seizure and auction of property
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Bank account garnishment
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Injunctions and contempt proceedings
Foreign judgments are not automatically enforceable in Thailand. A new lawsuit must be filed using the foreign judgment as evidence of liability.
VII. Interim Relief and Injunctive Measures
Thai courts have the power to issue interim relief, including:
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Asset freezing
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Temporary injunctions
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Protective measures to prevent dissipation of assets
These measures are discretionary and typically require bond or security from the applicant.
VIII. Arbitration and Mediation
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Thailand recognizes arbitration under the Arbitration Act B.E. 2545 (2002)
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Thailand is a party to the New York Convention, and foreign arbitral awards are enforceable
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Mediation is increasingly used, particularly in family and small civil claims
Court-annexed mediation is mandatory in some cases before proceeding to trial.
IX. Timeframes and Practical Considerations
| Case Type | Typical Duration |
|---|---|
| Simple civil claim | 12–18 months |
| Complex commercial | 24–36 months |
| Criminal case | 6 months – 2 years |
| Appeals | 6–18 months per tier |
Delays can occur due to court backlog, unavailability of witnesses, or procedural motions. Foreign litigants must use licensed Thai attorneys; they may attend but not argue in court.
X. Costs and Court Fees
| Expense Type | Typical Amount |
|---|---|
| Court filing fee | 2% of claim value (capped) |
| Attorney’s fees | Negotiable; no contingency fees permitted by law |
| Translation fees | Required for foreign-language documents |
| Expert witness fees | Paid by the requesting party |
The loser-pays principle applies, but recovery of costs is limited and subject to court discretion.
XI. Conclusion: A Structured but Formal Litigation Environment
Litigation in Thailand operates under a highly codified legal regime with formalistic procedures and strict evidentiary standards. The system favors documentary precision, judicial discretion, and procedural discipline over adversarial theatrics.
Foreign entities and individuals seeking recourse through Thai courts must be prepared for a prolonged and meticulous process, requiring experienced local representation, advance planning, and familiarity with institutional practice.
