Thailand
has three classes of courts which can be classified
by their retrospective methods of hearing.
Courts
of first instance (Trial Courts)
Courts of first instance (Trial Courts) conduct the
original trial of cases and render decisions. The judge
decides both issues of fact and law. In a big province
such as Bangkok, Courts of first Instance may be called
differently depending on their subject matter jurisdiction,
such as Civil Court, Criminal Court, Labour Court or
Juvenile and Family Court. In rural areas, a Provincial
Court has jurisdiction over all matters subject to a
few exceptions .
The
Court of Appeals
If a party disagrees with the decision of the lower
court, they can appeal to a Court of Appeals, The court
of Appeals will normally entertain legal issues rather
than factual issues,
Dika
Court (Supreme Court)
Subject to the statutory prohibitions, a party who disagrees
with the decision of the court of appeals can take its
case to Dika Court (Supreme Court). The decision of
Dika Court is final.
In
a civil suit, an interested party may initiate proceedings
by filing a complaint or petition to a court having
jurisdiction over the matter. In a criminal suit, only
the individual injured party may be a plaintiff alone
or joint plaintiff with the public prosecutor depending
upon the type of offense.
Foreign
Judgment
Thailand
does not recognize foreign Judicial judgments. A party
may not enforce a judgment adjudicated in a foreign
country and a new proceeding must be initiated.
However foreign arbitrate awards are recognized and
enforceable under the Arbitration Act of B.E. 2530 (A.D.
1987); providing that such arbitrate award is covered
by a treaty, convention or international agreement to
which Thailand is a party and will have effect only
as far as Thailand accedes to be bound.
