Translation:Charter of the Courts of Justice Promulgation Act, 2543 BE

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Charter of the Courts of Justice Promulgation Act, 2543 BE (2000)
National Assembly of Thailand, translated from Thai by Wikisource

Charter

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National Assembly of Thailand2219992Charter of the Courts of Justice Promulgation Act, 2543 BE2000Wikisource

Charter of the Courts of Justice
Promulgation Act,
2543 BE

Bhumibol Adulyadej R
Given on the 4th day of May 2543 BE
Being the 55th 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 improve 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 Promulgation Act, 2543 BE".

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

Section3.The Charter of the Courts of Justice Promulgation Act, 2477 Buddhist Era, and the Charter of the Courts of Justice promulgated by the said Act, shall be repealed.

Section4.The provisions at the end of this Act shall be applied as a Charter of the Courts of Justice.

Section5.The Charter of the Courts of Justice at the end of this Act shall apply to all cases instituted on the day of coming into force of the Charter of the Courts of Justice at the end of this Act onwards, whether their causes occurred before or occur on the day of coming into force of the Charter of the Courts of Justice at the end of this Act.

All the cases instituted before the day of coming into force of the Charter of the Courts of Justice at the end of this Act shall be governed by the laws in force before the day of coming into force of the Charter of the Courts of Justice at the end of this Act, until they reach their finality. However, section 28, section 29, section 30, and section 31 of the Charter of the Courts of Justice at the end of this Act shall apply to cases of the said characteristics from the 11th day of October 2545 BE.

Section6.The persons holding, on the day of coming into force of the Charter of the Courts of Justice at the end of this Act, the positions of Vice Presidents of the Supreme Court of Justice and deputy chief judges of courts of first instance, only those next in seniority to the third Vice President of the Supreme Court of Justice and deputy chief judges of courts of first instance, as well as [the positions of] deputy regional chief judges, shall remain in the said positions until they are appointed to other positions, which must not be later than the 11th day of October 2545 BE.

The persons holding, on the day of coming into force of the Charter of the Courts of Justice at the end of this Act, the positions of Deputy Chief Judges of the Court of Appeal and Deputy Chief Judges of the Regional Courts of Appeal, only those next in seniority to the first Deputy Chief Judge of the Court of Appeal and Deputy Chief Judges of the Regional Courts of Appeal, shall remain in the said positions until they are appointed to other positions, which must not be later than the 11th day of October 2545 BE.

The persons holding the positions under paragraph 1 and paragraph 2 have the duty to assist the President of the Supreme Court of Justice, President of the Court of Appeal, Presidents of the Regional Courts of Appeal, chief judges of courts of first instance, and regional chief judges, as authorised by the President of the Supreme Court of Justice, President of the Court of Appeal, Presidents of the Regional Courts of Appeal, chief judges of courts of first instance, or regional chief judges, as the case may be.

Section7.All the royal decrees, ministerial regulations, judicial service rules, rules, regulations, and all the orders of the Minister of Justice, which have been enacted or issued since before the day of coming into force of the Charter of the Courts of Justice at the end of this Act by virtue of the Charter of the Courts of Justice promulgated by the Act Promulgating a Charter of the Courts of Justice, 2477 Buddhist Era, shall remain in force until they are replaced by announcements, rules, or orders issued in accordance with the Charter of the Courts of Justice at the end of this Act.

Section7.The President of the Supreme Court of Justice shall be in charge of the execution of this Act.

Countersignatory:
Chuan Leekpai
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Section 236 of the Constitution of the Kingdom of Thailand prescribes that, in sitting to try a case, a court must be in full panel, and judges who have not sat at the trial of any case will not be able to participate in the adoption of a judgment for such case, save where there is force majeure or other unavoidable necessity as prescribed by the law. Section 249 of the Constitution of the Kingdom of Thailand prescribes that the assignment of case files to judges be governed by the criteria established by the law and prohibits the recall or transfer of a case file, unless the fairness in trying and adjudicating upon cases is likely to be affected. In addition, a law has been enacted in accordance with section 275 of the Constitution of the Kingdom of Thailand, requiring that courts of justice be furnished with independent secretariats commanded by a Secretary General of the Office of the Judiciary who is directly accountable to the President of the Supreme Court of Justice. In order to support the provisions of the Constitution of the Kingdom of Thailand and to enable the organisation of the administration of the courts of justice under the Charter of the Courts of Justice to be in line with the law enacted in accordance with section 275 as said, it is therefore necessary to enact this Act.

Bibliography

"Phra Ratcha Banyat Hai Chai Phra Thammanun San Yuttitham Phoso Song Phan Si Roi Sisip Sam" [Charter of the Courts of Justice Promulgation Act, 2543 BE]. (2000, 18 May). Ratchakitchanubeksa [Royal Gazette], 117(44A), 1–2, 12. (In Thai).

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

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:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

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Translation:

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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