Translation:Announcements, Acts, and Decrees From the Reign of Rama VIII/Tome 2/Part 28
Contents
| Sections | ||||||
| Chapter | 1 | General provisions | 1–13 | |||
| Chapter | 2 | Jurisdiction of courts | 14–20 | |||
| Chapter | 3 | Judicial panels | 21–24 | |||
Section1.All the courts of justice under this Charter shall be affiliated to the Ministry of Justice.
The Minister of Justice shall be responsible for the administrative work of all the affiliated courts in order that it shall proceed in a smooth manner. However, the conduct of trials, as well as the passing of orders or judgments to conclude cases, shall specifically be subject to the discretion of the courts.
Section2.The courts of justice under this Charter are divided into three tiers, namely—
(1)courts of first instance;
(2)appellate courts;
(3)Supreme Court of Justice (highest court).
Section3.The courts of first instance—
(1)for Phra Nakhon Province and Thon Buri Province, are—
(a)municipal courts;
(b)the Civil Court and the Criminal Court;
(2)for outer towns, are—
(a)municipal courts;
(b)provincial courts.
Section4.Any of the Supreme Court of Justice, appellate courts, and courts of first instance may be divided into divisions and each division may be given the power over any specific types of cases. This shall be effected by issuance of ministerial regulations.
Section5.When finding it appropriate, the Minister of Justice has the power to order a judge to participate in sittings with judges of a municipal court for a period of time specified in the order. In this event, the municipal court shall temporarily have the same powers as a provincial court with respect to cases under its territorial jurisdiction.
If any locality has no municipal court yet, the Minister of Justice, when finding it appropriate, has the power to order one or several judges of a provincial court to sit as a temporary court at the district administration office of such locality in order to try and adjudicate upon cases which occur in that locality and which, if without [such a temporary court], would come under the power of a municipal court or provincial court.
Section6.In establishing or dissolving courts of justice, it shall be duty of the Minister of Justice to report the number, conditions, locations, and jurisdiction of the courts to His Majesty's Government as necessary for enabling the justice to be administered in a smooth manner throughout the Kingdom.
Section7.There shall be judges for every court in the number designated by the Minister of Justice in line with the necessity of the public service.
Section8.The shall be one chief judge for each of the following courts, namely, the Supreme Court of Justice, appellate courts, Civil Court, and Criminal Court.
When the position of the chief judge of any court becomes vacant or when the chief judge is not present for the performance of duties, the Minister of Justice may designate a senior judge as a temporary substitute for the chief judge.
Section9.In every court of first instance, save the Civil Court and the Criminal Court, the Minister of Justice shall designate one of the judges of such court as the presiding judge of the court.
If any of the Supreme Court of Justice, appellate courts, or courts of first instance is divided into two or more divisions, the Minister of Justice may designate one of the senior judges of any division as the presiding judge of such division.
Whenever the position of the presiding judge of a court or presiding judge of a division becomes vacant or the presiding judge of a court or presiding judge of a division is not present for the performance of duties, a senior judge in such court or division shall become a temporary substitute.
Section10.The chief judge or presiding judge of a court or his substitute must be responsible for the work of the court to ensure that it proceeds in a smooth manner, and has the following duties:
(1)to oversee the correct application of rules and procedures established by the law or by other means, in order that the trial and adjudication of cases be concluded in an expeditious manner;
(2)to give advice to judges in his own court regarding the obstruction the judges meet in the performance of their duties;
(3)to cooperate with local administration officials on all affairs relating to the organisation and carrying out of the administrative business of the court;
(4)to make reports on cases and affairs of the court to be sent in accordance with rules;
and shall have the following powers:
(1)to participate in sittings for trying and adjudicating upon cases any cases of that court or, after inspecting the file of any case, to sign a judgment or express a dissenting opinion thereon;
(2)to give orders on all motions and applications submitted to him in accordance with the provisions of procedural laws.
Section11.In controlling and commanding the administrative staff of their courts, the chief judge shall have the same powers as a director general and the presiding judge shall have the same powers as the head of a division according to the Act on Rules for Civil Officials.
Section12.The presiding judge of a division shall be responsible for the work of the division to ensure that it proceeds in a smooth manner, as designated in the ministerial regulations establishing the division or an order of the chief judge or presiding judge of the court.
Section13.There shall be appointed justice commissioners, whose number and places of stationing, as well as the extent of whose jurisdiction, shall be as designated in a royal decree appointing them. The persons to become justice commissioners shall be selected from judges.
Justice commissioners shall have the same powers and duties as chief judges as specified in sections 10 and 11 and shall have the powers—
(1)to order judges and judicial clerks to report about any cases or report about other affairs of the courts which are under their jurisdiction;
(2)to participate in sittings for trying and adjudicating upon cases at every court which is under their jurisdiction or, after inspecting the file of any case, to sign a judgment or express a dissenting opinion thereon;
(3)to order any judge of one court which is under their jurisdiction to go assist another court temporarily in an event of emergency, following which a report shall be made to the Ministry of Justice with dispatch.
Section14.The courts of justice have the following territorial jurisdiction:
(1)municipal courts have the territorial jurisdiction as designated by the acts establishing them;
(2)provincial courts have the territorial jurisdiction as designated by the acts establishing them; however, as for all the cases which have occurred in the territorial jurisdiction of a municipal court, if they are instituted before a provincial court, the provincial court may exercise discretion as to whether it should refuse to try and adjudicate upon any of the cases so instituted;
(3)the Civil Court and the Criminal Court have the territorial jurisdiction throughout Phra Nakhon Province and Thon Buri Province; however, as for all the cases which have occurred outside the territories of Phra Nakhon Province and Thon Buri Province, they may be instituted before the Civil Court and the Criminal Court, but such court may exercise discretion as to whether it should refuse to try and adjudicate upon any of the cases so instituted, save where the case is transferred in accordance with the provisions of a procedural code of law.
Section15.Municipal courts have the power to try and adjudicate upon cases over which a single judge has the power as specified in sections 21 and 22.
Section16.Provincial courts have the power to try and adjudicate upon all civil and criminal cases.
Section17.The Civil Court has the power to try and adjudicate upon all civil cases and the Criminal Court has the power to try and adjudicate upon all criminal cases.
Section18.No court shall accept for trial and adjudication a case which another court has duly accepted, save where the case is transferred in accordance with the provisions of a procedural code of law.
Section19.An appellate court has the power to try and adjudicate upon all cases in which judgments or orders of courts of first instance are appealed according to the provisions of the laws dealing with appeals.
Apart from this, it shall have the powers—
(1)to reaffirm, revise, or reverse judgments of courts of first instance which sentence persons to death or life imprisonment, when the cases have been sent up to it as prescribed in the Criminal Procedure Code;
(2)to give decisive rulings upon motions legally submitted to it to challenge orders of the courts of first instance;
(3)to give decisive rulings upon cases which it has the power to rule upon in accordance with other laws.
Section20.The Supreme Court of Justice has the power to try and adjudicate upon all cases in which judgments or orders of appellate courts are appealed according to the provisions of the laws dealing with final appeals.
Apart from this, the Supreme Court of Justice shall have the powers—
(1)to give decisive rulings upon cases of which the retrial has been applied for in accordance with the law thereon;
(2)to give decisive rulings upon cases which the Supreme Court of Justice has the power to rule upon in accordance with other laws.
As regards the cases which the Supreme Court of Justice has already tried and adjudicated upon, no party has the right to further file a petition against them with the Crown.
Section21.A single judge has the powers—
(1)to issue summons, issue criminal warrants, or issue writs requiring persons to be sent from or to other provinces;
(2)to issue any order which does not constitute a decisive ruling upon a dispute in a case.
Section22.In a court of first instance, a mere single judge has the power to try and adjudicate upon cases which are under the competency of such court, when—
(1)they are civil cases in which the amount of the property in dispute or the amount of the money claimed is not over two hundred baht or no monetary claim is involved, save where they contain disputes relating to personal status and family rights;
(2)they are criminal cases for which the maximum rate of punishment designated by the law is imprisonment of not over three years, or a fine of not over two thousand baht, or both the imprisonment and fine; however, the imprisonment cannot be imposed in excess of six months, or a fine in excess of two hundred baht;
if the cases are before a municipal court, when the single judge has considered the evidence therein and found that the punishment of the accused should be imprisonment over six months or a fine over two hundred baht, the municipal court shall send its opinion and the files to the Criminal Court or provincial court, as the case may be, for adjudication;
and has the powers—
(1)to examine and give decisive rulings on motions or applications submitted to the court in civil cases, save where the interpleading or requesting parties are the plaintiffs or defendants;
(2)to conduct preliminary examinations and give orders in all criminal cases.
Section23.In other courts of first instance than municipal courts, a judicial panel to try and adjudicate upon all civil and criminal cases must be established by at least two judges.
When judges cannot sit in full panel for trying a case, the judges sitting for trying such case shall have the power to invite persons of the following characteristics to sit as substitute judges in order that the panel be complete:
(1)being qualified, mutatis mutandis, according to section 20 of the Act on Rules for Civil Officials, 2476 Buddhist Era; provided, however, that the age must be twenty-five years or more;
(2)being regular or irregular public officials at the division or higher level, or being Siamese barristers, or having been conferred with foreign bachelor's degrees, certificates, or degrees of law.
When any person has been invited to serve as a substitute judge assisting in trying a case as said above, a report shall be made to the Minister of Justice with dispatch.
If the person invited to serve as a substitute judge is recused, the judges trying the case shall further invite another person to serve as a substitute judge. Any act done by the court prior to the recusal shall remain valid.
Section24.A panel competent to try and adjudicate upon cases must be established by, in an appellate court, at least two judges or, in the Supreme Court of Justice, at least three judges.