The Thai penal code sets out the basic statutory law regarding Thailand’s criminal justice system. Thailand criminal attorneys, Chaninat and Leeds explain that one of the biggest practicalities facing foreigners involved in Thailand’s criminal justice procedures, whether it be victims of crimes, or family members of foreigners accused of committing crimes in Thailand, is a lack of familiarity and the variations between Thailand’s system to that of their own country in Thailand Criminal Law.
There are three main significant differences between Western and Thai courts in the criminal law procedure:
1. The Absence to the Right of a Jury Trial
A right to a jury trial is a fundamental freedom in the Western criminal courts. Unlike Western criminal courts, there is however no jury system in Thailand. Thai criminal cases are decided by judges only. This can create different issues to think about. Prosecution and defense attorneys are not afforded the opportunity of influencing a judge and a jury about facts and law, it is only the judges opinion which matters. This may impact on the way the attorneys choose to argue the case.
2. An Inability to Plea Bargain
There is no room to negotiate a plea bargain between the prosecution and the defense teams in Thailand. Only the Thai police during the initial investigation or the court itself can reduce the criminal charges. It is down to the determination of the Thai police which charges to send to the prosecution, meaning they play a much larger role in the case than the police in the Western world. Once the Court has heard the evidence during the criminal trial, they can determine which of the charges the defendant is guilty or not guilty of.
3. The Ability to Pursue Private Criminal Prosecutions
In Western courts, once charges have been filed, the victim is normally treated as a witness. It is the Prosecutor who then controls the case. This is also the case in Thailand, but it is also possible in Thailand to file criminal charges privately. This means cases do not necessarily have to be referred to the public prosecutor (Attorney General in Thailand) but may be filed by aggrieved individuals directly if certain other conditions are also satisfied. This gives the victim more flexibility moving forward, but criminal defendants are therefore potentially facing two plaintiffs – the prosecutor and the victim.
Applications of the above procedures may of course vary between different courts and different jurisdictions.
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