legal system in thailand prapon sahapattana. thailand land of smile established in the mid 14 th...
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Legal System in ThailandLegal System in Thailand
Prapon SahapattanaPrapon Sahapattana
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ThailandLand of Smile
•established in the mid 14th century
•514,000 square kilometers (Texas = 678,000)
•population 64,265,276
•76 provinces
•95% Buddhism, 3.8% Muslim, 0.5% Christianity
•literacy rate 96%
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ThailandThailand
a constitutional monarchy with a constitutional monarchy with a parliamentarian form of a parliamentarian form of government and with the King government and with the King as Head of State as Head of State
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Legislative power:Legislative power: vested in the vested in the Parliament, and exercised through Parliament, and exercised through a bicameral National Assemblya bicameral National Assembly
Judicial power: Judicial power: exercised through exercised through 3 levels of the Law Courts3 levels of the Law Courts
Executive power: Executive power: exercised exercised through a Cabinet headed by a through a Cabinet headed by a Prime MinisterPrime Minister
3 branches of power3 branches of power
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Thai Judiciary and Justice SystemThai Judiciary and Justice System
created by King Ramkhamhaeang created by King Ramkhamhaeang the Great around 1200s – 1300sthe Great around 1200s – 1300s
modern justice system was created modern justice system was created between 1868 – 1910 in King Rama between 1868 – 1910 in King Rama the 5ththe 5th
Thai law was reformed in the early Thai law was reformed in the early 20th century by Prince Rabi of 20th century by Prince Rabi of RatchaburiRatchaburi
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Legal SystemLegal System
mixture of both civil and common mixture of both civil and common lawlaw
presumption of innocence and the presumption of innocence and the right to defendright to defend
benefit will be granted in case of benefit will be granted in case of doubtdoubt
the biggest change in the late 20the biggest change in the late 20thth centurycentury
public order v. individual rightspublic order v. individual rights
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The Constitution (1997)The Constitution (1997)
promote citizen participation, protect promote citizen participation, protect individual liberties, restrict the individual liberties, restrict the state’s power against individual state’s power against individual rights, advocate an independent rights, advocate an independent judiciary, and create mechanisms for judiciary, and create mechanisms for a more transparent and accountable a more transparent and accountable governmentgovernment
change procedures in criminal lawchange procedures in criminal law
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The Constitution (1997) cont.The Constitution (1997) cont.
due process of lawdue process of law a crime occurs when a concurrence a crime occurs when a concurrence
of act and intent is presentedof act and intent is presented exclusionary rule does not applyexclusionary rule does not apply
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Police Police is militaristic and centralized is militaristic and centralized
organizationorganization reports directly to the prime ministerreports directly to the prime minister has personnel of 220,000 officershas personnel of 220,000 officers has comprehensive functions such as has comprehensive functions such as
investigation, public safety, investigation, public safety, immigration, traffic control, fire immigration, traffic control, fire extinguish, border patrol, etc.extinguish, border patrol, etc.
has about 1,500 police stationshas about 1,500 police stations Police / Citizens = 1 / 260Police / Citizens = 1 / 260
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Prime MinisterPrime Minister
Royal Thai PoliceRoyal Thai Police
National Police BoardNational Police Board
General Staff UnitsGeneral Staff Units Operation UnitsOperation Units Support UnitsSupport Units
Office of the Inspector General
Office of the Inspector General
Main Operation UnitsMain Operation Units
Support Operation UnitsSupport Operation Units
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General Staff UnitsGeneral Staff Units
Technical Service Division
Technical Service Division
Office of Secretary to Royal Thai Police
Office of Secretary to Royal Thai Police
Foreign Affairs DivisionForeign Affairs Division Finance DivisionFinance Division
Internal Audit DivisionInternal Audit Division Legal Affairs DivisionLegal Affairs Division
Office of the National Police Board
Office of the National Police Board
Office of Police Committee
Office of Police Committee
Office of Planning and Budget
Office of Planning and Budget
Office of Human Resources
Office of Human Resources
Office of the Chief of StaffOffice of the Chief of Staff
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Operation UnitsOperation Units
Main Operation UnitsMain Operation Units Support Operation UnitsSupport Operation Units
Metropolitan Police BureauMetropolitan Police Bureau
Provincial Police Region 1-9
Provincial Police Region 1-9
Border Patrol Police BureauBorder Patrol Police Bureau
Central Investigation Bureau
Central Investigation Bureau
Narcotic Suppression Bureau
Narcotic Suppression Bureau
Immigration Bureau
Immigration Bureau
Special BranchSpecial Branch
Royal Court Security PoliceRoyal Court
Security Police
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Support UnitsSupport Units
Police Education Bureau
Police Education Bureau
Police Cadet Academy
Police Cadet Academy
Office of LogisticsOffice of Logistics
Office of the Surgeon General
Office of the Surgeon General
Office of Forensic Science
Office of Forensic Science
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POSITION RANK
COMMISSIONER GENERAL GENERAL
DEPUTY COMMISSIONER GENERAL LIEUTENANT GENERAL
ASSISTANT COMMISSIONER GENERAL
COMMISSIONED OFFICER
MAJOR GENERAL
COMMISSIONER COLONEL
DEPUTY COMMISSIONER LIEUTENANT COLONEL
ASSISTANT COMMISSIONER MAJOR
COMMANDER CAPTAIN
DEPUTY COMMANDER LIEUTENANT
SUPERINTENDENT SUB LIEUTENANT
DEPUTY SUPERINTENDENT NON COMMISSONEDOFFICER
SENIOR SERGEANT
INSPECTOR SERGEANT MAJOR
SUB-INSPECTOR SERGEANT
SQUAD LEADER CORPORAL
SERVICEMAN LANCE COPORAL
CONSTABLE
Rank and Position of Police
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STRUCTURE OF A POLICE STATION
COMMUNITY POLICING
PATROL
TRAFFICSECTION
INTERROGATIONSECTION
INVESTIGATIONSECTION
CRIME SUPPRESSIONSECTION
SUPPORT SECTION
CHIEF OF THE STATION(SUPPERINTENDENT)
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LawyerLawyer requires an education in law, a requires an education in law, a
registration, and a license to practice from registration, and a license to practice from the Law Society of Thailandthe Law Society of Thailand
is not divided into barristers and solicitorsis not divided into barristers and solicitors is not required to pass a bar examinationis not required to pass a bar examination be an apprentice in a law firm for at least be an apprentice in a law firm for at least
1 year and passing an examination are 1 year and passing an examination are required to enter a training courserequired to enter a training course
attend training course that includes theory attend training course that includes theory of case conduct and professional ethics of case conduct and professional ethics (90 hours); and working practice in a (90 hours); and working practice in a qualified law office (at least 6 months)qualified law office (at least 6 months)
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Public ProsecutorPublic Prosecutor
is under the Office of the Attorney-General is under the Office of the Attorney-General and reports directly to the prime ministerand reports directly to the prime minister
investigative role begins when he or she investigative role begins when he or she receive a case from policereceive a case from police
public prosecutor balances the power public prosecutor balances the power between police and judiciarybetween police and judiciary
safeguards national interests, protects civil safeguards national interests, protects civil rights and provides legal aid, and rights and provides legal aid, and cooperating internationallycooperating internationally
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Public ProsecutorPublic Prosecutor (cont.) (cont.) has a law degreehas a law degree must pass the examination of the Institute must pass the examination of the Institute
of Legal Education of Thai Bar Associationof Legal Education of Thai Bar Association must have at least 2 years experience in must have at least 2 years experience in
legal profession: judicial official, probation legal profession: judicial official, probation officer, lawyer, etc.officer, lawyer, etc.
must be at least 25 years of agemust be at least 25 years of age must pass an examination for a public must pass an examination for a public
prosecutor-traineeprosecutor-trainee must participate in a training course for 1 must participate in a training course for 1
yearyear
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CourtCourt
judge performs duty in the name of judge performs duty in the name of the Kingthe King
no jury systemno jury system no plea bargain processno plea bargain process 4 categories including the 4 categories including the
Constitutional Court, the Constitutional Court, the Administrative Court, the Military Administrative Court, the Military Court, and the Court of JusticeCourt, and the Court of Justice
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Constitutional CourtConstitutional Court: render judgment : render judgment or decision on the constitutionality of the or decision on the constitutionality of the provision of law and other powers provision of law and other powers
Administrative CourtAdministrative Court: try and adjudicate : try and adjudicate administrative disputes between the administrative disputes between the private sector and state organs concerning private sector and state organs concerning the issue of abuse of power the issue of abuse of power
Military CourtMilitary Court: try and adjudicate cases : try and adjudicate cases involving persons within its jurisdictioninvolving persons within its jurisdiction
Courts of JusticeCourts of Justice: try and adjudicate all : try and adjudicate all cases except those specified by other lawscases except those specified by other laws
4 Courts4 Courts
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the Court of Justice the Court of Justice
all cases commence at a Court of all cases commence at a Court of First InstanceFirst Instance
appeals against Court of First appeals against Court of First Instance judgments can be filed with Instance judgments can be filed with the Court of Appealsthe Court of Appeals
the Supreme Court has jurisdiction the Supreme Court has jurisdiction over cases appealed from the Court over cases appealed from the Court of Appealsof Appeals
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JudgeJudge
is appointed position not electedis appointed position not elected is at least 25 years of ageis at least 25 years of age has a law degreehas a law degree must pass the bar exammust pass the bar exam must has at least 2 years experience must has at least 2 years experience
in legal professionin legal profession must pass the examination to enter a must pass the examination to enter a
judge trainee program (last for 1 judge trainee program (last for 1 year)year)
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The Institute of Legal Education of The Institute of Legal Education of Thai Bar Association Thai Bar Association
LawyerLawyer: register and obtain a license from : register and obtain a license from the Law Society of Thailandthe Law Society of Thailand
JJudge and public prosecutorudge and public prosecutor: pass the : pass the bar exam from the Institute of Legal bar exam from the Institute of Legal Education of Thai Bar AssociationEducation of Thai Bar Association
some lawyer also pass the bar examsome lawyer also pass the bar exam Bar examBar exam: 2 terms with written and oral : 2 terms with written and oral
teststests a student who passes the examination is a student who passes the examination is
entitled to be a Barrister-at-Lawentitled to be a Barrister-at-Law
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Questions ?Questions ?