Litigation

In case, a legal dispute arises or it is necessary to gain and order from the court. You will need to enter into the process of the courts which has three different cases as following:

  1. Civil Case

  2. Criminal Case

  3. Administrative Case

Civil Case

A civil case is a case that there is a dispute right or duties of person according to a civil law, such as suing the borrower to pay a debt according to the loan agreement or suing the violatorto compensate for damages, etc. It can be seen that the purpose of the civil case is the defendant must be paid or compensated damages. It is not aimed to the defendant must be punished, such as imprisonment under criminal law.


Civil case, in addition it is about such a dispute. It may be that the law specifies a person to use aright to a court to secure his or her rights, such as a request for a court in order to show ownership of the land by taking possession, which is no dispute.


The case is an accusation when filed already. The plaintiff must bring the summons and a copy of the accusation to the defendant, domicile or office of the defendant for the defendant to defend the case. The plaintiff must bring the court official to send a summons to the defendant within 7 days from the date of filing. If the plaintiff ignore the request to the official to send a summons to defendant to defend the case and do not inform the court the reasons for such negligence within 7 days from the date of filing, the law deems the plaintiff to be discontinued. The court will release the case but if the plaintiff has adopted summons within the definition when defendant got accusation rightfully , the defendant must befiled testimony within 30 days from the date of warrant shall be affixed unless it be petty case (there iscase have request to release sorrow which is calculated to costnot over than 300,000 baht orejectmentcase to any person get out from the property that have rental fee or may be rented at the time of filing not over than 3,000 baht per month) that defendant can plead on date of appointment. By petty case when the plaintiff got order to come to the court and absent on peremptory day without permissions from the court to imparlance.  It’s be deems the plaintiff did not purpose to prosecute anymore. The court ordered the distribution of cases out of the directory when the defendant got summons to come to the court and absent on peremptory day without permissions from the court to imparlance. If the defendant doesn’t file an answer. It’s be deems the defendant is default of answer and the court shallhas decision and order to execute by deferencebut if the defendant file an answerbefore or in date of such appointment. It’s be deems thedefendant isdefault of appearance. So that in case of ordinary civil case that the defendant did not plead at the designated timewill be consider by default of appearance.


In case of the defendant default of answer the plaintiff must request to the court within fifteen days from the time the defendant filed the termination for the court to have a decision or a judged write to win the case by default of answer and if the plaintiff did not file the application to the court within the such period. The court may order the disposition of the case from the directory. If the plaintiff filed an application to the court within the such period. The court will have a judgment or a judged write to win the case by default by legal proceeding the defendant is default of answer. On the peremptory day, if any party fails to appear on the peremptory day and without the permission of the court for imparlance it deems that parties to be default of appearance. Then it will be litigation by default of appearance. For the prosecution, there will be important provisions is a prohibition on duplicity, do not repeat the proceedings including the judgment is bind up with parties. During this judiciary, the stranger who has interested person in the case may be got into the case by interpleadingto be a third party orpartner in the old case.


In the case of appearing in court, any of parties pass away during proceedings, no matter what any court it has to postpone the case to wait for the heirs or executorsor controller of legacy of the dead parties to come to be parties instead of deceased to prosecute.


When it considers by investigation of witness and evidence is completed. The court will have decision and if any party is disfavor with a judgment it can be appealed and petitioned hierarchical unless the case is forbidden, appealed or petitioned. However appeal or petition in this civil case does not improve the enforcement of judgments or court orders. But any parties that filed an appeal (petition) may file the requests to the Court of Appeal (petition) at any time before the judgment by making a petition to explain reasonable cause of the request. To let the court improves the enforcement.


Compulsory Execution


Compulsory execution is the method which the winner parties of the case will proceed to the loser partiesto obtain the result of the judgmentbecause the losers parties do not comply with the judgment by knowing the rules and the time period prescribed for the execution of the judgment or order has passed. Creditor under the judgment have the power to proceed to the court to enforce the case.


The winner parties of the case has to request to enforce case within 10 years from the date of the courthas a judgment or in order to the last but if the winner parties did not request to the court to enforce within 10 years. Compulsory execution is ended.

Criminal Case

Criminal case which is case about guilt and punishment which specified in Criminal Code and other law, for example Act of Parliament which has punishment 5 items which are execute, imprison, fine and forfeiture of property.


Process and procedure to proceed criminal case.


1. Before considers case in court


Starting from when there is a guilt happens it starts to sue by separating suing by people and suing by government.


  1. Suing criminal case by people starts from there is a guilt happens sufferer starts from complains or chooses to sue by himself or herself.

  2. Suing criminal case by government is divided 2 types are 1. Case is personal guilty2. criminal offence


Case is personal guilty, for example defraud, embezzle or libel government cannot start the case by themselves. Starting to sue has to complain from sufferer first. After that inquiry officer has power to investigate and prosecutor has power to sue to court.


If the guilt is reign criminal offence ,government can sue solely. There is a complain, accusation or not inquiry officers can start to investigate by themselves.


When inquiry officers finish investigating, next they summarizes case presents toprosecutor. When prosecutor receive case , he or she will comment that order to sue or not or order to have additional investigate depends on the case. If he or she order to sue ,there is continue suing to court. But if he or she does not order to sue that order does not order of supreme. There is process that has to send case with command to commissioner general or deputy commissioner general for Bangkok, but if in other province it will send to provincial governor. If command to commissioner general or deputy commissioner general agrees, command which does not sue case is decisive. If command to commissioner general or deputy commissioner general disagrees, next need to present case to supreme prosecutor


2. Proceed case consideration process in court


If proceed criminal case by people there is preliminary examination if inquire case has court source will stamp receive to sue case and proceed case. However, if preliminary examination and court see that case has no source , will judge to dismiss. People is plaintiff may continue appeal Supreme Court that judgement.


Suing criminal case by prosecutor court does not has to preliminary examination. Court can stamp to receive to sue immediately. After that there is case consideration step. The main point is suing criminal case in court has to present in front of defendant and lets defendant knows message that get sue. Next, they will ask defendant’s testimony which is right of defendant to give testimony or not. Next, when they finish asking testimony. It’s begin to proceed case consideration process by specifying the appointment date of investigation. And It made evidence witness investigation. When they finish investigate evidence. Court continue sentences. Consideration case if appears fact that right bring criminal case to sue to restrain. Court has to distribute case. In case when court judge plaintiff or defendant disagree. It can appeal Supreme Court to court as arrange. Appealing may has provisions about the restrict of appealing Supreme Court.


Suing and proceeding criminal case if there is civil case about criminal case, the law specified that prosecutor or sufferer can sue civil case about criminal case to court which consider criminal case or sufferer will choose to sue to court that has power pay civil case.


3. Process after consider case in court is forcing process following judgment


In case court judges that defendant is wrong and specifies one or another punishment in criminal case 5 states and case is end. After that it has to force following that judgement. However, although judgement is end and be forcing process following judgement. If fact appears again that person has to be punish is not offender. That person or other person has right to submit petition to ask for reviving criminal case to re-considerate. Court will inquire petition. If court agree they will revive criminal case again which finally as consider case again that person who get punishment is not wrong. They will have measure to cure for that person following law later.


Administrative Case


Administrative case is the dispute case between an administrative institute or government and individual officers or the dispute between an administrative institutes or government officers together and cases as follows ;


  1. Dispute case about an administrative institute or a government officer command rule and any other actions illegally.

  2. Dispute case about an administrative institute or a government officer neglects action in law that specifies to take action or take action slowly.

  3. Dispute case about infringing action or other responsibilities of an administrative institute or a government officer that derive from using authorities slowly.

  4. Dispute case about administrative agreement such as; a matter of dispute of person hiring agreement to construct the road and school building.

  5. The case that the law specifies as an administrative institute or government officer must be sued to the court to force the person acts and exclude the act.

  6. The case that the law specifies be in jurisdiction of administrative court such as ; the case that suing ask for withdraw the writ.


Essentially, the people have dispute problems with an administrative institute or government officer in as above matter and would like to use authority to an administrative court, that can sues to the trial court that has hometown or ground of action where it’s happen but also have some case must sue to Supreme administrative court directly such as ; Lawsuits Involving diagnosis of Dispute Resolution Committee as announced by the Judicial Council in the Supreme Administrative Court.


The presentation of indictment of an administrative case must be done as follows; the matter that bring to sue must be an administrative case within the jurisdiction of the administrative court as already mentioned above. Then they must sue to the court hat have authority and the plaint must be done to the document and has lists as specifies and submit in a correct way.


The accusation of case does not have a form of indictment to specify, but must be done by document that cannot sue by speech and using a gentle words. Having a list as per the law specifies, and must identifies name, address of litigant and defendant. The fact and behavior relate the act of suing, requesting and signing of litigant that attached involved evidences along with the plaint that also litigant must do a copy of the plaint and a copy of involved evidences by the number of defendants.


Essentially, litigant an administrative case must be person who has authority to sue It can say that he or she must be the person who has suffered or damaged without being able to avoid from the act or refrain any act of an administrative institute or government officer or has argument about administrative agreement or any other case within the jurisdiction of the administrative court. In fact mostly sufferer in administrative case that is people who have suffered or damaged from the act of administration but an administrative institute or a government officer can be the sufferer and can sue the administrative case as well.


The accusation of case to administrative court beyond the consideration of person who has authority to sue that must be filed within a specified period such as ; the case that suing toask for the court to withdraws the rules or commands in administration that must be sued within 90 days from the day that he or she known and should be known the reason of suing. The accusation of the act of government officer neglects action in lawthat specifies to take action or take action slowly must sue within 90 days from the day thatoverdue. If that is a case of infringe or other responsibility of administrative instituteor government officer must sue within 1 year and if that is a dispute case about administrative agreement must sue within 5 years from the day that known and should be known the reason of prosecution but not over 10 years from the day that has the reason of suing. However, if that is the case about public interest protectionor status of the person will sue any time and some case if the parties have request or an administrative court have an opinion about the case that sued when the time is expire of the prosecution will be benefit to public or has other needed reason that administrative courtwill be get it for consideration.


In case that the law specifies step or method to revise the trouble and damage in any specific matter. The prosecution ofthose cases can do when they have issue follow the step and as above method and have order in law or have not order in due time or in time that law specifies which if there is no appeal in law that cannotsue to administrative court. If there is appeal already and ordered following appeal or having not order in due time or the time that law specifies so it cannot sue to administrative court. In case of agreement or infringe or other responsibilityhave not any provision forces the person. The litigant must be ask for administrative institute or government officer confesses in abuse way or following agreement beforeso it can sue administrative case. Finally generally of suing of administrative case do not to pay the court fee (in case of suingask forthe court withdrawthe rule or order in administration that illegal or suing case about neglecting action or taking action too late.)


But if it be suing of case that asking for the court to order to spend money or send the property from depute case about confessing and other responsibility of administrative institute and government officeror depute case aboutadministrative agreementthat have to pay the court fee in rate that specifies in civil procedure code except ; in case that the court ordered waive court fees.

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