Translation:Charter of the Courts of Justice Amendment Act (No. 3), 2551 BE

by National Legislative Assembly of Thailand (2006)

Seal of the Royal Command

Charter of the Courts of Justice
Amendment Act (No. 3),
2551 BE

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Bhumibol Adulyadej R
Given on the 17th day of February 2551 BE
Being the 63rd 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. 3), 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Section3.The stipulations of section 5 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section5.The President of the Supreme Court of Justice shall have the duty to lay down rules for the judicial service of the courts of justice, in order that the business of the courts of justice shall proceed in an orderly and uniform manner. In addition, the President of the Supreme Court of Justice shall have the power to provide advice to judges in order that they shall correctly observe the rules and procedures designated by the law or by other means."

Section4.The stipulations of (1) of section 11 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"(1)to participate in sittings to try and adjudicate upon cases of such court or, after having inspected the file of any case, to express a dissenting opinion".

Section5.The stipulations of paragraph 1 of section 23 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"The Supreme Court of Justice has the power to try and adjudicate upon cases which the Constitution or law permits to be brought directly to it and cases in which appeals or final appeals are lodged against judgments or orders of the courts of first instance, Court of Appeal, or Regional Courts of Appeal as prescribed by the law. However, in the event that the Supreme Court of Justice finds a point of law or point of fact grounding an appeal or final appeal to be frivolous and not deserving its consideration, the Supreme Court of Justice has the power to refuse to accept the case for trial and adjudication. This shall be subject to the rules designated by a general meeting of the Supreme Court of Justice by means of publication in the Royal Gazette."

Countersignatory:
General Surayud Chulanont
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas the trial and adjudication of cases by courts of justice is a work that requires to be carefully done and screened by experienced judges, it is appropriate to empower the President of the Supreme Court of Justice to provide advice to judicial officials and to authorise the persons responsible for the administration of court business to inspect files and render dissenting opinions. Moreover, it is appropriate to add provisions in relation to the trial and adjudication power of the Supreme Court of Justice in line with the provisions of paragraph 2 of section 219 of the Constitution of the Kingdom of Thailand, 2550 Buddhist Era. It is therefore necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Phra Thammanun San Yuttitham (Chabap Thi Sam) Phoso Song Phan Ha Roi Hasip Et" [Charter of the Courts of Justice Amendment Act (No. 3), 2551 BE]. (2008, 22 February). Ratchakitchanubeksa [Royal Gazette], 125(37A), 44–46. (In Thai).