Translation:Announcements, Acts, and Decrees From the Reign of Rama VII/Tome 8/Part 46
Charter of the Courts of Justice Amendment,
2476 Buddhist Era
Narisara Nuwattiwong
Regent
(according to the royal decree dated 11 January 2476 BE)
Phra Bat Somdet Phra Paramin Maha Prajadhipok Phra Pok Klao Chaoyuhua gives a great royal command by which He declares to all as follows:
Whereas the House of Representatives has advised Him that it is appropriate to amend the Charter of the Courts of Justice;
Therefore, by and with the advice and consent of the House of Representatives, He orders with His gracious pleasure that the following Act be enacted:
Section1.This Act shall be called the "Charter of the Courts of Justice Amendment, 2476 Buddhist Era".
Section2.This Act shall come into force from the day of its publication in the Royal Gazette onwards.
Section3.Section 32 of the Charter of the Courts of Justice, 127 RE (2451 BE), section 2 of the Announcement Revising the Charter of the Special Commissioners and Establishing Phayap Circle Court and Maha Rat Circle Court, dated 30 March 2458 Buddhist Era, and the Announcement Establishing Positions of Court of Justice Special Commissioners, dated 5 August 2472 Buddhist Era, shall be repealed.
Section4.The circle courts shall be abolished and the original circle courts shall have the status of provincial courts. In addition, the positions of chief judges of circle courts shall be dissolved.
Section5.There shall be justice commissioners according to the necessity of the public service, whose appointment will be announced. They shall have the same powers as chief judges over the territories which are to be specified in the announcements.
Section6.Cases relating to foreign subjects which have to be tried in accordance with treaties of amity shall be tried before the courts empowered by the treaties of amity as before.
Prime Minister
Charter of the Courts of Justice, 127 RE
Section32.A special commissioner for organisation of outer town courts has the power to command judges in outer towns in respect of the organisation of courts and the trial and adjudication of cases. When a judge finds it appropriate, he has the power to request the special commissioner to give an order in writing affixed with the signature of the special commissioner.
The Minister of Justice shall have the power to revoke the aforementioned order of the special commissioner.
Announcement Revising the Charter of the Special Commissioners and
Establishing Phayap Circle Court and Maha Rat Circle Court, 2457 BE
Section2.The text hereafter stated shall replace section 28 and section 29 of the Charter:
Section28.Court of justice special commissioners are judges from the judiciary who are appointed by His Majesty's command as special commissioners with the powers to try, adjudicate upon, and enforce both civil suits and criminal cases, to scrutinise the rules and public affairs of the courts, and to give advice to and exercise oversight over judges and justices in every outer town and circle throughout the Kingdom.
Section29.Court of justice special commissioners have the powers to try, adjudicate upon, and enforce cases or to inspect and organise the public affairs of the courts in outer towns and circles upon receipt of missives issued under seal by the minister in charge of the Ministry of Justice by virtue of His Majesty's command, which specially appoint them and send them out as commissioners to try and enforce certain specific cases or to inspect and enforce cases at certain specific municipal courts, town courts, and circle courts, or which dispense with sending them out but furnish them with the powers to oversee the trial and enforcement of certain specific cases or oversee certain specific town courts or circle courts. As regards a case which a special commissioner, together with judges of any court as a panel of two or more members, has already tried and adjudicated upon, no party shall lodge an appeal but shall file a petition with the Crown directly.
Announcement Establishing Positions of
Court of Justice Special Commissioners, 2472 BE
Phra Bat Somdet Phra Paramin Maha Prajadhipok Phra Pok Klao Chaoyuhua gives a great royal command by which He declares to all as follows:
Whereas He entertains an opinion that it is now appropriate to establish positions of court of justice special commissioners as regular posts, in order that all the courts of justice would be handled and scrutinised in a more efficacious manner according to the stipulations of the Charter of the Courts of Justice;
Therefore, He orders with His gracious pleasure that three positions of court of justice special commissioners shall be established as regular posts and that He will from time to time select and appoint their holders from amongst all the judges of the courts of justice.
The courts of justice special commissioners appointed in accordance with the stipulations of the previous paragraph shall be in their positions for a term of three years. Upon completion of the term, they shall vacate the positions automatically but may be reappointed by His Gracious Majesty. These courts of justice special commissioners shall have the powers and duties according to the provisions of the Charter of the Courts of Justice, subject to the imperative missives to be issued under seal by the Minister of Justice.
The Minister of Justice shall be the officer in charge of executing the contents of this royal command completely.
(Royal Gazette, volume 50, dated 25 March,[1] page 1033)
- ↑ 25 March 2476 BE (1934 CE). (Wikisource contributor note)