Criminal Cases in Thailand
Criminal law defines what acts or omissions are considered crimes or offenses. Thus, a specific provision in the Criminal Code or Special Criminal Law must explain an act or omission. Even if an action is a social or moral offense, a person or organization is not criminally liable until the motion has been made a crime under the law.
State Position
When someone is prosecuted for a crime, the state actually sues the guilty party, not the private injured party. The reason for this is that crimes are considered offensive to the peace and order of the country. The private injured party becomes a witness for the state.
Prosecution Authorities
In Thailand, the prosecution is the responsibility of several government organizations: Royal Thai Police, Office of the Attorney General, Courts of Justice, Ministry of Justice, and Ministry of Home Affairs.
Reporting a crime to the police
As a rule, the injured party usually reports the criminal incident to the police. The police then investigate the alleged crime and report their findings to the prosecutor's office. In turn, the prosecutor's office files an appropriate criminal case in court.
Reporting a crime directly to court
The vast majority of criminal reports result in delays in investigation and prosecution. Individuals can hire attorneys who prosecute criminal court cases to solve this problem. While this is a more practical choice, the private party is responsible for the costs of filing a personal claim.
Peculiarities of the judicial process in Thailand
Only judges decide criminal cases in Thailand. The jury system does not apply in this jurisdiction. As elsewhere, the court must find evidence beyond a reasonable doubt before convicting the defendant of the crime for which they are being tried.
The court must find evidence beyond a reasonable doubt before convicting the defendant of the crime for which they are being tried.