Translation:Charter of the Courts of Justice Amendment Act (No. 2), 2550 BE

by National Legislative Assembly of Thailand (2006)

Seal of the Royal Command

Charter of the Courts of Justice
Amendment Act (No. 2),
2550 BE

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Bhumibol Adulyadej R
Given on the 30th day of August 2550 BE
Being the 62nd year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Charter of the Courts of Justice;

Therefore, by and with the advice and consent of the National Legislative Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Charter of the Courts of Justice Amendment Act (No. 2), 2550 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The stipulations of paragraph 1 and paragraph 2 of section 8 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section8.There shall be one President of the Supreme Court of Justice for the Supreme Court of Justice, one President of the Court of Appeal for the Court of Appeal, and one President of the Regional Court of Appeal for each Regional Court of Appeal. And there shall be one chief judge of the court of first instance for each of the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, and other courts of justice designated as courts of first instance by their constituent acts. And there shall be one Vice President of the Supreme Court of Justice for Supreme Court of Justice, one Vice President of the Court of Appeal for the Court of Appeal, and one Vice President of the Regional Court of Appeal for each Regional Court of Appeal, as well as one deputy chief judge of the court of first instance for each of the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, and other courts of justice designated as courts of first instance by their constituent acts. And in the event of necessity for the benefit of the public service, the Courts of Justice Judicial Administration Commission may, with the approval of the President of the Supreme Court of Justice, designate that there be more than one but not than six Vice Presidents of the Supreme Court of Justice or more than one but not than three Vice Presidents of the Court of Appeal, Vice Presidents of a Regional Court of Appeal, or deputy chief judges of a court of first instance.

When the position of President of the Supreme Court of Justice, President of the Court of Appeal, President of a Regional Court of Appeal, or chief judge of a court of first instance becomes vacant or when the holder of the said position is unable serve, the Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, or deputy chief judge of the court of first instance, as the case may be, shall act in his stead. If there are several Vice Presidents of the Supreme Court of Justice, Vice Presidents of the Court of Appeal, Vice Presidents of the Regional Court of Appeal, or deputy chief judges of the court of first instance, the most senior Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, or deputy chief judge of the court of first instance shall act in his stead. If the most senior officer is unable to serve, the officer next in seniority shall act in his stead."

Section4.The stipulations of paragraph 1 and paragraph 2 of section 33 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section33.Recall or transfer of a case file under the responsibility of any judicial panel shall only be made by the President of the Supreme Court of Justice, President of the Court of Appeal, President of a Regional Court of Appeal, chief judge of a court of first instance, or presiding judge of a court only when the fairness in trying and adjudicating upon cases before such court is likely to be affected and the most senior Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, or judge of the provincial court or municipal court, as the case may be, who is not part of the panel in charge of the case file has proposed an opinion that this should be done.

In the event that the most senior Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, or judge of the provincial court or municipal court, as the case may be, is unable to serve or has become part of the panel in charge of the case file to be recalled or transferred, the Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, deputy chief judge of the court of first instance, or judge of that court who is next in line of seniority shall have the power to propose the opinion instead. In the event that there is only one Vice President of the Supreme Court of Justice, Vice President of the Court of Appeal, Vice President of the Regional Court of Appeal, or deputy chief judge of the court of first instance, or there are many but all of them are unable to serve or have become part of the panel in charge of the case file to be recalled or transferred, the most senior judge of that court shall then become the person who has the power to propose the opinion."

Countersignatory:
General Surayud Chulanont
Prime Minister

Note: The grounds for promulgation of this Act are as follows: The Charter of the Courts of Justice designates that there be one Vice President of the Supreme Court of Justice, one Vice President of the Court of Appeal, and one Vice President for each Regional Court of Appeal, and the Courts of Justice Judicial Administration Commission may, in the event of necessity for the benefit of the public service, permit the appointment of more than one but not than three Vice Presidents of the Supreme Court of Justice upon the approval of the President of the Supreme Court of Justice. However, owing to the increasing workload of the President of the Supreme Court of Justice, President of the Court of Appeal, and Presidents of the Regional Courts of Appeal at present, it is appropriate to allow the increase of the number of the Vice Presidents of the Supreme Court of Justice to be not more than six and the number of the Vice Presidents of the Court of Appeal or Vice Presidents of a Regional Court of Appeal to be not more than three, in order to ease the burden of the President of the Supreme Court of Justice, President of the Court of Appeal, and Presidents of the Regional Courts of Appeal. It is therefore necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Phra Thammanun San Yuttitham (Chabap Thi Song) Phoso Song Phan Ha Roi Hasip" [Charter of the Courts of Justice Amendment Act (No. 2), 2550 BE]. (2007, 5 September). Ratchakitchanubeksa [Royal Gazette], 124(51A), 24–27. (In Thai).