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Articles
Improving Justice: Thailand's New Timeframe for Court Cases
In Thailand, litigation has long been recognised as a time-consuming process, and often takes a minimum of one to three years to complete. This creates inconvenience and uncertainty for investors, businesses, and individuals. To address this issue, the Timeframe for Judicial Proceedings Act, B.E. 2565 (2022) (the “Act”), which clarifies the time frames for all stages of the judicial process, was published in the Royal Gazette on 25 October 2022 and came into effect on 23 January 2023.
To implement the Act, the President of the Supreme Court issued the Judicial Regulation on the Timeframe for Consideration of Litigation Cases of the Court of Justice, B.E. 2566 (2023) (the “Regulation”) on 18 January 2023. The Regulation outlines specific timeframes for each stage of proceedings in the Court of Justice, depending on the type of case at each level of the courts. The Act and the Regulation are expected to have a positive impact on Thailand's legal system, by making it more efficient and predictable for investors, businesses, and individuals. Ultimately, this will help ensure justice is delivered in a fair and timely manner.
To assist you in navigating various court proceedings, we have prepared the following summary of the timeframes for each court, as set forth in the Act and Regulation.
The Court of First Instance
The Court of First Instance classifies cases into three types:
1. Special Management Case: a case with no complications that tends to be completed within one hearing, or where document submission can be performed instead of witness examination, as set out below:
(a) Civil case
1) Petty case, a case that is not complicated or a consumer case.
2) Non-contentious case, e.g. a petition requesting the court to appoint an administrator of the estate.
3) Case in which the defendant does not provide an answer or does not appear within the period specified by law.
4) Branch case, e.g. a petition for intervention or a petition requesting for the distribution of property.
5) Case that requires witness examination.
(b) Criminal case
1) Case in which the defendant confesses or requires witness examination of the plaintiff to support the confession.
2) Preliminary examination.
3) Branch case, e.g. a petition requesting the return of the property in dispute.
4) Case that requires witness examination.
2. Ordinary Case: a case in which witness examination is required and the proceedings cannot be completed in a short time.
3. Extraordinary Case: a complicated case for which it is not possible to arrange back-to-back witness examination hearings, and the witness examination must be scheduled for two to four consecutive days per session.
The timeframes of the proceedings for the Court of First Instance is summarised below:
The Court of First Instance | Timeframe |
|---|---|
1. Special Management Case | Six months from the date upon which the lawsuit case is accepted by the court |
2. Ordinary Case
| One year from the date upon which the case is accepted by the court Exceptions (b) All types of civil and criminal cases that fall under the jurisdiction of the District Court: |
The Appeal Court
Aside from the Appeal Court, which does not have a special classification of case types, the Regional Appeal Court and the Appeal Court for Specialised Cases (the “Appeal Courts”) classify cases into four types:
1. Special Urgent Case: a case that is not complicated and can be adjudicated quickly, or other cases designated by the President of the Courts of Appeal.
(a) Case in which the only issue in dispute pertains to the discretion regarding the degree of punishment.
(b) Case in which the defendant pleads guilty and the Court of First Instance sentences them to a relatively short imprisonment term.
(c) Case related to safety procedures.
(d) Case where the insurer asks to refrain or reduce the fine.
(e) Case in which the parties argue only on uncomplicated legal issues.
2. Urgent Case: a case that involves some complicated disputed issues but can be adjudicated quickly, or other cases as designated by the President of the Courts of appeal, as set out below:
(a) Civil case
1) Case that is prohibited from appeal.
2) Case that appeals only on legal issues.
3) Case that requests a re-trial.
4) Case that requests acceptance of the plaint or defence statement, or a request for amendment of either statement.
5) Unilateral case, regardless of whether or not there is an objector.
6) Case that appeals against an order.
7) Case that appeals against judgements or orders in the execution stage
(b) Criminal Case
1) Case where the Court of First Instance orders the dismissal of or sentences the defendant to imprisonment for a term of not more than two years and the defendant is detained pending appeal.
2) Case in which the defendant confesses; this only applies where the defendant appeals to dismiss the case.
3) Case in which the Court of First Instance sentences the defendant to life imprisonment or death, but the parties only appeal on the discretion regarding the degree of punishment.
4) Case submitted under the Section 245 of the Criminal Procedure Code.
5) Case which the Court of First Instance orders the dismissal of at the indictment or preliminary hearing level.
6) Case that appeals to the Court of First Instance for a re-trial.
7) Case that appeals only on legal issues.
3. Special Case: a case that is required to be admitted by the President of the Courts of Appeal as a Special Case or a public interest litigation case; and
4. General Case or Normal Case: a case that does not fall under the types of cases under 1, 2 or 3 above.
The timeframes of the proceedings for the Appeal Court, the Regional Appeal Court and the Appeal Court for Specialised Cases are summarised below:
The Appeal Court | Timeframe |
|---|---|
All civil and criminal cases | One year from the date upon which the case is received from the Court of First Instance
Exception Criminal case in which the only issue in dispute pertains to the discretion regarding the degree of punishment: |
The Regional Appeal Court and the Appeal Court for Specialised Cases | |
1. Special Urgent Case | Four months from the date upon which the file of a case is received from the Court of First Instance |
2. Urgent Case | Six months from the date upon which the file of a case is received from the Court of First Instance |
3. Special Case | One year from the date upon which the file of a case is received from the Court of First Instance |
4. General Case or Normal Case | One year from the date upon which the file of a case is received from the Court of First Instance |
The Supreme Court
The timeframe of the proceedings for the Supreme Court is summarised below:
|
The Supreme Court |
|
|---|---|
|
Civil and Criminal Case |
One year from the date upon which the file of a case is received from the Court of First Instance Exceptions (2) Civil or criminal cases where inquiry or witness examination is required at the Supreme Court stage: |
This newsletter is intended merely to provide a regulatory overview and is not intended to be comprehensive; it is NOT a provision of legal advice. Should you have any questions on this or any other areas of law, please do not hesitate to contact the following
Pasayu Israsena Nah Ayudhaya
Counsel
Chayutpong Pataivanich
Associate
Authors
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Pasayu has strong expertise in high-profile and complex litigation and arbitration matters, particularly with regard to civil litigation, criminal litigation, inheritance disputes, family matters, shareholders dispute, employee misconduct, and civil and criminal frivolous claims. He has been dealing with high-profile cases and has represented many clients in a diverse industry sector. He has been recognized by the Ministry of Commerce and the Royal Thai Embassy as a skilled and recommended lawyer. He is also known for his expertise in providing tailored legal services, guidance, and solutions to unique needs of the clients.
Apart from dispute resolution related matters, Pasayu regularly supports international clients on general legal matters, including contract drafting and the provision of professional advice to clients on various commercial issues.