Thailand Civil Procedure Code-Section 222/1-222/7

CHAPTER IV
CLASS ACTION176

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PART I
GENERAL PROVISIONS

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Section 222/1.177    In this Chapter:

“class of persons” means several persons who have the same rights derived from the same facts and legal principles and has the same unique characteristics of the class even though the characteristics of the damage are different;

“member of a class” means any person in a class of persons;

“class action” means a procedure of a case in which the court allows for a plaint to be submitted to it so that the court may render a judgement declaring the rights of the plaintiff and the members of the class;

“class action officer” means a person appointed by the Secretary-General of the Office of the Court of Justice to assist a court in a class action.

Section 222/2.178 As appropriate to certain types of cases or for proceedings or execution to be conducted in a convenient, fast and fair manner, the President of the Supreme Court shall have the power to issue any Regulations which are not in conflict or inconsistent with the provisions of this Chapter:

1. to determine the qualifications, the interests, including the acquisition of the right to be a member of a class of the plaintiff, who shall have the power to file a class action;
2. to additionally determine the criteria, procedures and conditions in considering the granting of permission for a class action to proceed;
3. to additionally determine the procedure to notify matters of a class action to the members of the class;
4. to additionally determine the procedure of a pre-trial conference, the amendment of a plaint and answer, the conduct of proceedings and the admission of evidence in a class action;
5. to additionally determine execution and the gratuity for counsels of the plaintiff;
6. to issue Regulations on other necessary matters in a class action.

Such Regulations shall come into force after approved by the general assembly of the Supreme Court and upon their publication in the Government Gazette.

Section 222/3.179 A court under the law on the organization of the court of justice competent to try and adjudicate civil cases, except for district (Khwang) courts, shall have the power to conduct a class action.

Section 222/4.180 Any part of proceedings which has not been specifically provided under this Chapter shall be governed, mutatis mutandis, by the provisions of Book I General Provisions and the provisions on ordinary cases insofar as they are not in conflict or inconsistent with the provisions of this Chapter.

In the case where there is an application for a class action in a case for which specific procedures are prescribed by law, the court in that case shall have the power to order for a class action to proceed and for the procedures under the provisions of this Chapter to apply, mutatis mutandis.

Section 222/5.181 There shall be a class action officer with the duties to assist a court in a class action as assigned by the court, as follows:

1. Conciliation of a class action;
2. Examination and compilation of evidence;
3. Recording of witness statements;
4. Taking measures for the protection of the rights of the parties and members of the class both before and during the trial;
5. Any other duties in accordance  with the provisions of  this  Chapter or  the Regulations of the President of the Supreme Court regarding such duties of assistance.

In the performance of duties under the provisions of this Chapter, the class action officer shall be a competent official under the Penal Code and shall have the power to issue written summonses for any person to give information or furnish documents in support of the

consideration on any matter under his or her competence.

The criteria and procedures in the performance of duties of a class action officer shall be as prescribed in the Regulations of the President of the Supreme Court.

In the case where any law on a procedure specifically provides that a case officer has the duties to assist the court in proceeding with a case, such case officer, in addition to having the duties under that law, shall also have the duties under the provisions of this Chapter.

Section 222/6.182 A person who shall be appointed as a class action officer must have at least one of the following qualifications:

1. Having graduated with a Master’s degree in law or a Doctorate degree in law;
2. Having graduated with a Bachelor’s degree in law, being an ordinary member of the Thai Bar and having been in a legal profession, for not less than one year, as prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice;
3. Having graduated with a Bachelor’s degree in law and a degree, which is not lower than a Bachelor’s degree, in other subjects as prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice, and having been in a profession, for not less than four years, as prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice.

The Secretary-General of the Office of the Court of Justice shall have the power to consider appointing persons having the qualifications under paragraph one as a class action officer, in accordance with the rules prescribed by the Commission for Judicial Service in accordance with the law on administration of the civil servants of the courts of justice.

Section 222/7.183 In the case where a class action under the provisions of this Chapter is a civil case relating to criminal matters, even though the case has already been prosecuted as a criminal case, the court trying the class action may continue to try the case without waiting for the criminal court to render a judgement, and if the court in the criminal case has already rendered its judgement:

1. in the case where the judgement in the criminal case has decided that the defendant has committed the offence, the court trying the class action shall be bound by the facts established by the judgement in the criminal case;
2. in the case where the judgement in the criminal case has decided otherwise, the court trying the class action shall not be required to be bound by the facts established by the judgement in the criminal case.

Unofficial Translation Chaninat and Leeds Ltd.  Thailand Child Custody Lawyers

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