Translation:Charter of the Courts of Justice Amendment Act (No. 4), 2555 BE
Charter of the Courts of Justice
Amendment Act (No. 4),
2555 BE
Bhumibol Adulyadej R
Given on the 19th day of April 2555 BE
Being the 67th 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 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. 4), 2550 BE".
Section2.This Act shall come into force upon passage of the period of thirty days reckoned from the day after the day of its publication in the Royal Gazette onwards.
Section3.The stipulations of section 13 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:
"Section13.There shall be one regional chief judge for each of the nine regions, of which the locations and jurisdiction shall be designated by the Courts of Justice Judicial Administration Commission by means of publication in the Royal Gazette, and there shall be three deputy regional chief judges for each region. In the event of necessity for the benefit of the public service, the Courts of Justice Judicial Administration Commission may designate that there be more than three but not than six deputy regional chief judges.
When a position of regional chief judge becomes vacant or when the holder of such position becomes unable to serve, the most senior deputy regional chief judge shall act instead. If the most senior officer is unable to serve, the person who is next in line of seniority shall act instead.
In the event that there is no person to act in accordance with paragraph 2, the President of the Supreme Court of Justice may order any particular judge to act instead.
No senior judge or junior judge shall act in any position under paragraph 1."
Section4.The following stipulations shall be inserted in the Charter of the Courts of Justice as paragraph 2 of section 14:
"A deputy regional chief judge shall also be a judge of the courts under his jurisdiction, shall have the power designated in section 11, paragraph 1(2), and shall have the duty to assist the regional chief judge as authorised by the regional chief judge."
Section5.The stipulations of (3) of section 28 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:
"(3)for a court of first instance, the chief judge of the court of first instance, a regional chief judge, the presiding judge of the court, or a deputy chief judge of the court of first instance, a deputy regional chief judge, or a court of first instance judge of such court who has been authorised by the chief judge of the court of first instance, regional chief judge, or presiding judge of the court, as the case may be."
Section6.The stipulations of (3) of section 29 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:
"(3)for a court of first instance, the chief judge of the court of first instance, regional chief judge, deputy chief judge of the court of first instance, regional deputy chief judge, or presiding judge of the court, as the case may be."
Section7.The President of the Supreme Court of Justice shall be in charge of the execution of this Act.
Yingluck Shinawatra
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Because the quantity of judicial work and administrative work of the courts of justice has gradually increased but regional chief judges are the only persons responsible for supervising the work of regional courts of justice, without anyone to assist in performing the public service, this prevents the public service of the courts of justice from proceeding in a convenient, expeditious, and efficient manner as it should be. In addition, the caseload which has so increased affects the time that the courts of first instance would take in the trial and adjudication of cases, delaying the trial and adjudication of cases before the courts of first instance and affecting the bringing of justice to the public and the parties to the cases. In order to enable the convenient, expeditious, and efficient administration of cases of the courts of justice for the sake of the correct, expeditious, and fair trial and adjudication of cases, it is appropriate to amend the Charter of the Courts of Justice by establishing the positions of deputy regional chief judges and the powers and duties of the regional chief judges and deputy regional chief judges. It is therefore necessary to enact this Act.
Bibliography
[edit]- "Phra Ratcha Banyat Kaekhaiphoemtoem Phra Thammanun San Yuttitham (Chabap Thi Si) Phoso Song Phan Ha Roi Hasip Ha" [Charter of the Courts of Justice Amendment Act (No. 4), 2555 BE]. (2012, 27 April). Ratchakitchanubeksa [Royal Gazette], 129(37A), 1–3. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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