Translation:Charter of the Courts of Justice Amendment Act (No. 5), 2558 BE

by National Legislative Assembly of Thailand (2014)

Seal of the Royal Command

Charter of the Courts of Justice
Amendment Act (No. 5),
2558 BE

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Bhumibol Adulyadej R
Given on the 4th day of December 2558 BE
Being the 70th 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. 5), 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Section3.The stipulations of section 1 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section1.The courts of justice under this Charter are of three tiers, namely, courts of first instance, courts of second instance, and Supreme Court of Justice, save where a law otherwise prescribes."

Section4.The stipulations of section 3 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section3.The courts of second instance are the Court of Appeal, Regional Courts of Appeal, and other courts of justice designated as courts of second instance by their constituent acts."

Section5.The stipulations of section 4 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section4.The Supreme Court of Justice, courts of second instance, and courts of first instance may divide their public service into divisions or agencies called otherwise and may permit them to separately and specifically exercise their powers over any types of cases or over cases in any territory under their jurisdiction. This shall be effected by announcements issued by the Courts of Justice Judicial Administration Commission.

A court of first instance may open in any other territory a branch with separate and specific powers over any types of case or over cases in any territory under its jurisdiction. This shall be effected by an announcement issued by the Courts of Justice Judicial Administration Commission.

The designation and changing of the location of a court shall be effected by an announcement issued by the Courts of Justice Judicial Administration Commission.

Announcements issued by the Courts of Justice Judicial Administration Commission by virtue of the stipulations of this section shall come into force upon publication in the Royal Gazette.

Section6.The stipulations of paragraph 1 of section 10 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section10.In the event that the public service of the Supreme Court of Justice, court of second instance, or court of first instance is divided into divisions or agencies called otherwise, there shall be one presiding judge of the division or presiding judge of the agency called otherwise for each of those divisions or agencies."

Section7.The stipulations of paragraph 4 of section 16 of the Charter of the Courts of Justice shall be repealed.

Section8.The stipulations of section 18 of the Charter of the Courts of Justice shall be repealed and replaced by the following stipulations:

"Section18.Subject to section 19/1, a provincial court has the power to try and adjudicate upon all the civil and criminal cases which are not under the power of the other courts of justice."

Section9.The following stipulations shall be inserted in the Charter of the Courts of Justice as section 19/1:

"Section19/1.As regards all cases which occur in the territory of a municipal court and is under the power of such municipal court, if they are instituted before the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court, it shall be the discretion of such court to decide whether any of them should be accepted for trial or should be ordered to be transferred to any jurisdictional municipal court. Notwithstanding this, if the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court has already issued an order accepting the case, the said court shall continue to try and adjudicate upon that case.

If, at the time of its institution, the case is already under the power of the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court, even there later occurs a change in the circumstances which causes the case to become subject to the power of a municipal court, such court shall continue to try and adjudicate upon the case."

Section10.All the provisions of any law which refers to the submission of an appeal to an appellate court shall be deemed to refer to the submission of an appeal to a court of second instance, save where the said provisions appear to be solely applicable to the Court of Appeal, a Regional Court of Appeal, or any other particular court of justice designated as a court of second instance by its constituent act.

Section11.The President of the Supreme Court of Justice shall be in charge of the execution of this Act.

Countersignatory:
General Prayut Chan-o-cha
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas a Court of Appeal for Specialised Cases has been established and designated as a court of second instance empowered to try and adjudicate upon cases in which appeals are made against judgments or orders of specialised courts, it is appropriate to set a definition for the term "court of second instance" in line with the establishment of the said court. Moreover, it is appropriate to empower the Courts of Justice Judicial Administration Commission to issue announcements for the opening of branches of courts of first instance and to designate and change the locations of courts also, for the purpose of providing convenience to people in remote areas who are involved in or interested by legal cases. In addition, in the event that a case subject to the power of a municipal court is instituted before the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court, the said court should be allowed to exercise discretion as to whether it should continue to try and adjudicate the case so accepted or should transfer the case to a competent court. But if such court has already issued an order accepting the case and, at the time of its institution, the case is subject to the power of a municipal court, or if a case is subject to the power of the Civil Court, Bangkok South Civil Court, Thon Buri Civil Court, Criminal Court, Bangkok South Criminal Court, Thon Buri Criminal Court, or provincial court, and a subsequent change in the circumstances causes the case to become subject to the power of a municipal court, the court should be allowed to continue the trial and adjudication of the case, which would promote the efficacious administration of cases of the courts of justice for the sake of the correct, expeditious, and fair trial and adjudication of cases. It is therefore necessary to enact this Act.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Phra Thammanun San Yuttitham (Chabap Thi Ha) Phoso Song Phan Ha Roi Hasip Paet" [Charter of the Courts of Justice Amendment Act (No. 5), 2558 BE]. (2015, 14 December). Ratchakitchanubeksa [Royal Gazette], 132(120A), 5–8. (In Thai).