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Administrative Prosecution

The prosecution instead of litigant he or she may prosecute by himself or herself or authorize to lawyer to proceed. If any litigant dies before having judgment heir, executor of a will, controller of property or successor has request to be litigant instead of dead person. The court has summons to get in or has request by itself and said request has to submit within 1 year from day that litigant dies. If there is no request within specify period of time administrative court may has command to dispose of the case.

The consideration of case has to proceed to finish quickly by letting litigant explains and show witness and evidence accompany with explanation which has to do letter only. Unless the case that court allows to explain verbally in front of court. Judge is case owner who gives an opportunity to let litigant knowing excuse or disagreement of each side. It may show witness and evidence of each side to assure or confute fact and matters of law and litigant has right to check witness and evidence that each side submits in case. However, litigant gets command from administrative to come to give word or show witness and evidence then does not proceed following command within period of time that administrative specifies by does not have reasonable reason. Administrative court will command to dispose of the case.

When administrative court read result of judgment or judge command administrative case openly. The day that they read is the day that administrative court has judgment or command by informing litigant specification in advance. If litigant does not show up on the appointment day to read judgment or command to let administrative court stop to read judgment or command. And then administrative court records and regards as the day that records administrative court has judgment or command.

The appeal if litigant does not agree with judgment of administrative court may appeal against to oppose judgment or command of civil administrative court within 30 days from the day that has judgment or command. If they do not lodge an appeal within said time regards as that case lawsuit to the end. However, if supreme administrative court deems any frivolous appeal has fact or matters of law that is not point should get judgment. They do not receive appeal to consider and judgment or command of supreme administrative court extremely.

Requesting to re-consider in case that has judgment or judge command of administrative case. Litigant or outsider who gets benefit or effect of case may has request administrative court consider new case because:

  • Administrative court listens fact incorrectly or has new witness and evidence. It causes fact and main point change.

  • True litigant or outsider does not enter or enter but get cutting opportunity unfairly.

  • There is important fault in judgment consideration process.

  • Fact or matters of law changes later. It makes result of judgment or command conflicts with law that uses to force at that time.

  • Submitting request to re-consider has to do within 90 days from the day of that person knows or should know cause to ask for judging consideration or has new command but not more than 5 years from administrative court has judgment or judge command.

Thank you for reference : Teacher SunanthaAkepaisarnkul


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