Criminal Law in Thailand Part 31: Judges and prosecutors
If you are a criminal defendant, your case will be tried
by judges, both in connection with the law and the facts of the case. In
so-called common law countries, such as the UK and the US, there is a jury to
decide on factual matters in a criminal trial. Thailand follows the civil law
concept, originally from France, in which the judge in a trial decides on both
factual and legal issues.
Generally, if you are tried in the criminal or provincial courts, you will be
tried by at least two judges. A single judge may, in these courts, preside over
the preliminary examination, petitions and applications and orders with respect
to safety.
As discussed earlier, lesser crimes are tried in the district courts, and
these may be tried by a single judge. If the judge in the district court passes
a sentence exceeding six months imprisonment or 10 thousand baht in fines, the
head judge or the judge-in-charge of the court must also sign the judgment
order.
In theory, all judges who try a case must be present at the trial. In
practice, a single judge will preside.
If there is more than one judge trying a case, they make their decisions by
vote. If there is no majority vote against the defendant, for example if one
judge votes in favour of guilt and the other in favour of innocence, the verdict
is in favour of the defendant.
The Law for the Organisation of Courts of Justice provides that judges in
criminal cases are appointed for particular cases by the head judge in the court
system or division in which the judges sit. In Bangkok, many judges preside over
criminal matters only, because there are courts that are devoted strictly to
criminal matters. Outside of Bangkok, judges generally handle both criminal and
civil matters.
As a general rule, within a court system such as a province's courts, judges
are appointed to cases on a rotational basis so that their case loads will be
approximately equal. This is done, however, at the discretion of the head judge
or the judge-in-charge of each court.
Despite the rotational aspect of case distribution, cases can also be
distributed to judges based on expertise and appropriateness. Thus if your case
involves, say, an arcane interpretation of the Foreign Business Act, the case
may be given to a judge with special experience in the field.
Your lawyer may challenge the impartiality of a judge on several grounds,
including that he or she:
Has some interest in the case.
Is related to the defendant or a witness.
Has previously given testimony about the case, such as an expert witness.
Has, as a lawyer, represented a defendant or witness in the case in the
past.
Has sat as judge in another court on the same case.
Has a separate legal matter pending against the accused.
Is a debtor or employer of a defendant or witness.
Has some other issue that is so serious as to prejudice the impartiality of
the trial or judgment.
Upon application by the defendant's lawyer on the grounds of impartiality,
the judge may voluntarily withdraw from the case. If he or she does not, the
defendant's lawyer may make an application to have the judge removed. If the
judge is sitting on the case alone, this application would be to the court
immediately superior in grade.
Where there is more than one judge presiding and the judges other than the
one complained of are enough to hear the case without the presence of the judge
complained of, these other judges make the decision as to whether to remove the
judge from the case. If there are not enough judges to do so or where the
defendant is requesting that all the sitting judges be removed, the application
is to the court immediately superior in grade.
As with judges, prosecutors are generally assigned to cases on a rotational
basis by their superiors. In Bangkok there are general public prosecutors who
supervise all prosecutors for their offices. For example, there is a General
Public Prosecutor's office for Southern Bangkok. Each such offices is divided
into divisions. Generally it is the division heads who assign cases to
individual public prosecutors.
In the provinces, the provincial public prosecutors, the head prosecutors for
each province, assign cases to individual public prosecutors.
What if you are a defendant and wish to have a prosecutor removed because he
or she is somehow already involved in the case, such as in the bullet points
above? There is no legal provision by which a dhdefendant can get a prosecutor
removed. But in practice the defendant's lawyer submits a letter in Bangkok to
the applicable general public prosecutor or division head, and to the provincial
public prosecutor in the provinces. The letter should explain the reasons the
defendant contends the prosecutor should be replaced. Cases in which such a
letter has been sent are often reassigned to other public prosecutors.
- Published: 5/12/2010 at 12:00 AM
- Newspaper section: Spectrum
If you are a criminal defendant, your case will be tried
by judges, both in connection with the law and the facts of the case. In
so-called common law countries, such as the UK and the US, there is a jury to
decide on factual matters in a criminal trial. Thailand follows the civil law
concept, originally from France, in which the judge in a trial decides on both
factual and legal issues.
Generally, if you are tried in the criminal or provincial courts, you will be
tried by at least two judges. A single judge may, in these courts, preside over
the preliminary examination, petitions and applications and orders with respect
to safety.
As discussed earlier, lesser crimes are tried in the district courts, and
these may be tried by a single judge. If the judge in the district court passes
a sentence exceeding six months imprisonment or 10 thousand baht in fines, the
head judge or the judge-in-charge of the court must also sign the judgment
order.
In theory, all judges who try a case must be present at the trial. In
practice, a single judge will preside.
If there is more than one judge trying a case, they make their decisions by
vote. If there is no majority vote against the defendant, for example if one
judge votes in favour of guilt and the other in favour of innocence, the verdict
is in favour of the defendant.
The Law for the Organisation of Courts of Justice provides that judges in
criminal cases are appointed for particular cases by the head judge in the court
system or division in which the judges sit. In Bangkok, many judges preside over
criminal matters only, because there are courts that are devoted strictly to
criminal matters. Outside of Bangkok, judges generally handle both criminal and
civil matters.
As a general rule, within a court system such as a province's courts, judges
are appointed to cases on a rotational basis so that their case loads will be
approximately equal. This is done, however, at the discretion of the head judge
or the judge-in-charge of each court.
Despite the rotational aspect of case distribution, cases can also be
distributed to judges based on expertise and appropriateness. Thus if your case
involves, say, an arcane interpretation of the Foreign Business Act, the case
may be given to a judge with special experience in the field.
Your lawyer may challenge the impartiality of a judge on several grounds,
including that he or she:
Has some interest in the case.
Is related to the defendant or a witness.
Has previously given testimony about the case, such as an expert witness.
Has, as a lawyer, represented a defendant or witness in the case in the
past.
Has sat as judge in another court on the same case.
Has a separate legal matter pending against the accused.
Is a debtor or employer of a defendant or witness.
Has some other issue that is so serious as to prejudice the impartiality of
the trial or judgment.
Upon application by the defendant's lawyer on the grounds of impartiality,
the judge may voluntarily withdraw from the case. If he or she does not, the
defendant's lawyer may make an application to have the judge removed. If the
judge is sitting on the case alone, this application would be to the court
immediately superior in grade.
Where there is more than one judge presiding and the judges other than the
one complained of are enough to hear the case without the presence of the judge
complained of, these other judges make the decision as to whether to remove the
judge from the case. If there are not enough judges to do so or where the
defendant is requesting that all the sitting judges be removed, the application
is to the court immediately superior in grade.
As with judges, prosecutors are generally assigned to cases on a rotational
basis by their superiors. In Bangkok there are general public prosecutors who
supervise all prosecutors for their offices. For example, there is a General
Public Prosecutor's office for Southern Bangkok. Each such offices is divided
into divisions. Generally it is the division heads who assign cases to
individual public prosecutors.
In the provinces, the provincial public prosecutors, the head prosecutors for
each province, assign cases to individual public prosecutors.
What if you are a defendant and wish to have a prosecutor removed because he
or she is somehow already involved in the case, such as in the bullet points
above? There is no legal provision by which a dhdefendant can get a prosecutor
removed. But in practice the defendant's lawyer submits a letter in Bangkok to
the applicable general public prosecutor or division head, and to the provincial
public prosecutor in the provinces. The letter should explain the reasons the
defendant contends the prosecutor should be replaced. Cases in which such a
letter has been sent are often reassigned to other public prosecutors.