Litigation in Thailand

Litigation in Thailand refers to the formal process of resolving disputes through the Thai court system. It covers civil, criminal, administrative, and specialized matters. While the Thai legal system is based on a codified civil law framework, court procedures draw from both civil and common law traditions.

This guide examines the legal basis, types of litigation, court structure, procedures, and practical considerations for parties engaged in lawsuits.

1. Legal Framework

Litigation in Thailand is governed primarily by:

Civil Procedure Code (CPC) — Rules for civil cases, including filing, evidence, hearings, and appeals.
Criminal Procedure Code (CrPC) — Procedures for criminal prosecution and defense.
Civil and Commercial Code (CCC) — Substantive law for civil disputes, such as contracts, property, and torts.
Criminal Code — Defines criminal offenses and penalties.
Special Laws — For specific matters (e.g., Bankruptcy Act, Labour Protection Act, Administrative Procedure Act).

Court proceedings are conducted in Thai language, and foreign parties must use a licensed Thai attorney for representation.

2. Structure of the Thai Court System

The judiciary consists of three main branches:

2.1 Courts of Justice (General Jurisdiction)

Court of First Instance — Civil Courts, Criminal Courts, Provincial Courts, Municipal Courts.
Court of Appeal — Reviews factual and legal issues from first-instance cases.
Supreme Court (Dika Court) — Final appellate court for questions of law.

2.2 Administrative Courts

Handle disputes between individuals and state agencies, such as unlawful administrative orders or compensation claims against government bodies.

2.3 Constitutional Court

Decides constitutional issues, including conflicts of laws with the Constitution.

3. Types of Litigation

3.1 Civil Litigation

Covers contract disputes, property rights, debt recovery, personal injury, family law, and inheritance.

3.2 Criminal Litigation

Involves prosecution for offenses defined under the Criminal Code or special penal laws.

3.3 Administrative Litigation

Challenges to government actions, such as permit denials, tax assessments, or land expropriation.

3.4 Specialized Litigation

Bankruptcy, intellectual property, labor, and tax disputes are heard by specialized courts.

4. Stages of Civil Litigation

4.1 Pre-Litigation

Parties gather documents, consult lawyers, and may attempt negotiation or mediation.

4.2 Filing the Complaint

Plaintiff submits a written plaint to the competent court.
Must clearly state facts, legal grounds, and remedies sought.
Court fees are generally 2% of the claim amount (capped).

4.3 Service of Summons

The court serves the complaint on the defendant, who must respond within 15 days (domestic) or longer if abroad.

4.4 Defendant’s Answer & Counterclaim

Defendant admits, denies, or partially accepts the claims.
May file a counterclaim arising from the same transaction.

4.5 Preliminary Hearings

The court identifies issues, admits evidence, and encourages settlement.

4.6 Evidence Stage

Documentary evidence: contracts, correspondence, receipts.
Witness testimony: given orally in court, with cross-examination.
Expert evidence: valuation, technical, or forensic reports.
Site inspections: ordered if property is involved.

4.7 Judgment

Court issues a written judgment deciding the case.
May order specific performance, damages, or declaratory relief.

4.8 Appeal

Parties can appeal to the Court of Appeal within one month.
Final appeal to the Supreme Court is possible for legal issues.

5. Criminal Litigation Process

5.1 Investigation

Conducted by the police, who gather evidence and take witness statements.

5.2 Prosecution Decision

Public Prosecutor decides whether to proceed based on evidence.

5.3 Trial

Follows adversarial format: prosecution presents evidence, defense responds.

5.4 Judgment and Sentencing

Court determines guilt and imposes penalties, which may include imprisonment, fines, or probation.

6. Administrative Litigation Process

Plaintiff must file within 90 days of knowing the administrative act.
The Administrative Court reviews legality, not policy.
Remedies include annulment of administrative acts, injunctions, and compensation.

7. Evidence and Burden of Proof

Civil cases — Plaintiff must prove claims on a balance of probabilities (Section 142, CPC).
Criminal cases — Prosecution must prove guilt beyond reasonable doubt (Section 227, CrPC).
Documents must be in Thai or accompanied by certified translations.
Oral testimony is given in court under oath.

8. Enforcement of Judgments

Civil enforcement — Legal Execution Department seizes assets, auctions property, or garnishes wages.
Criminal enforcement — Police and correctional services carry out sentences.
Foreign judgments are not directly enforceable but can be used as evidence in a new Thai lawsuit.

9. Real-World Case Examples

Case 1 — Contract Dispute in Civil Court
A supplier sued a retailer for unpaid goods worth THB 2 million. The court ruled in favor of the supplier, ordering payment with interest and granting asset seizure upon default.

Case 2 — Criminal Fraud Prosecution
A real estate agent was charged with embezzlement after diverting client funds. Conviction led to a prison sentence and restitution order.

Case 3 — Administrative Court Land Expropriation
A factory owner challenged a government expropriation order. The Administrative Court reduced compensation based on independent valuation.

10. Practical Considerations

Language Barrier — All court documents and testimony must be in Thai.
Timeframe — Civil cases may take 12–24 months at first instance; criminal trials can be faster but vary.
Costs — Include court fees, lawyer fees, expert fees, and translation costs.
Settlement — Thai courts actively encourage mediation before trial.

11. Key Legal References

Civil Procedure Code — Sections 55–142 (pleadings, evidence, appeals).
Criminal Procedure Code — Sections 134–227 (investigation, trial, burden of proof).
Civil and Commercial Code — Substantive rights and obligations.
Administrative Procedure Act B.E. 2539 (1996) — Administrative processes.
Constitution of the Kingdom of Thailand — Judiciary’s role and rights of parties.

Conclusion

Litigation in Thailand is a structured process grounded in statutory law and court procedure. Success depends on understanding jurisdiction, following procedural rules, and presenting clear, admissible evidence. Whether the dispute is civil, criminal, or administrative, early legal advice, thorough preparation, and compliance with procedural timelines are critical to achieving favorable outcomes.