Page 17 - Introduction to Investment Laws in Thailand
P. 17
Table 1 Single and Dual court systems in Thailand
Single Court Dual Court System
System
(since the 1997 Constitution)
(before the 1997
Constitution)
Courts of Justice Courts of Administrative Constitutional
Justice Court Court
All cases (except Private law Public law Public law
military cases) Civil and Administrative cases Constitutional cases
criminal (except military (except military
cases(except cases) cases)
military cases)
Courts of Justice
The Courts of Justice were the only courts that adjudicated disputes
among the people before the 1997 Constitution. Since the judicial reform
by the 1997 Constitution, the Courts of justice have generalised
competence to try and adjudicate all cases, except where otherwise
specified in the Constitution or other laws. The jurisdiction of the Courts
of Justice is concerned with criminal, civil, bankruptcy, and all cases that
are not within the jurisdiction of other courts.
The Courts of Justice consist of three levels: Courts of First Instance,
Courts of Appeal and the Supreme Court of justice. In general, the case
starts at the court of the first instance. If a party does not agree with the
decision of the Court of First Instance, the party can appeal the decision to
the Court of Appeal. In case the party does not agree with the Court of
Appeal’s decision, the party can appeal the decision to the Supreme court.
The decision of the Supreme Court is final.
Military Courts
According to Section 199 of Thailand Constitution 2017, the Military
Courts have the power to try and adjudicate cases involving offenders who
are subject to the jurisdiction of the Military Courts and other cases
provided by law. The establishment, procedures, and operations of the
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