Thailand Criminal Procedure Code Sections 22-27
Chapter 3
Jurisdictions of Courts
Section 22 When an offence has, or is alleged or believed to have, been committed inside the district of any court, the offence shall be subject to jurisdiction of such court, unless:
(1) Where the defendant is residing or has been arrested, or the inquiry has been held, in any locality outside the district of such court, in which event may the offence be tried and adjudicated by the court having jurisdiction over such locality;
(2) Where the offence has been committed outside the Kingdom of Thailand, in which event shall the offence be tried and adjudicated by the Criminal Court and, had the inquiry been held in a locality subject to the jurisdiction of any court, by such court also;
Section 23 When two or more courts are jurisdictional in respect of the same case, if the charge has been preferred to one inside whose district the offence had not been committed according to the charge, the prosecutor or defendant may enter in such court a motion for transferring the case to the other inside whose district the commission of such offence had occurred;
If the plaintiff files a lawsuit with the court in which the offense occurred in the area But later it appeared to the plaintiff that the trial would be more convenient if another court that had jurisdiction to try the case could try the case. The plaintiff may submit a petition to the court in which the case is being considered, requesting that the case be transferred to another court. Even though the defendant objects. When the court deems it appropriate, it may transfer the case or dismiss the appeal.
Section 24 When several offences are connected by any reason, for instance:
- When it appears that several offences have been committed by the same offender or that several offenders are connected in the commission of one or more offences, whether as principals, accessories or recipients of stolen property;
- When it appears that several offences have been committed with the same intention or that several offenders have previously conspired;
- When it appears that any offence has been committed for the purpose of assisting an offender to evade the clutches of the law in respect of another offence committed by the latter;
The prosecutions against all of the said offences may be instituted in, or all of the said offenders may be charged before, the court having jurisdiction over the offence where for the higher maximum punishment is provided.
Should the connected offences be liable to equal maximum punishment, the court wherein the prosecution against any of the said connected offences has been entered first shall enjoy jurisdiction over all of such offences.
Section 25 The court which accepts related cases may try and adjudicate them together.
If the court which accepts a case that is related to another case considers it appropriate, the Court may try and adjudicate the cases together. If the court which accepts the related cases deems appropriate to have any of the cases tried and adjudicated by a court with ordinary jurisdiction if it is not connected with each other, it may, with the consent of the other Court, order the charge against such offence to be entered in that other court.
Section 26 If according to the nature of the offense, the position of the defendant, the number of defendants, and the feelings of the majority of the people of that locality or other reasons There may be obstructions to the preliminary inquiry or consideration. or fear that there will be unrest or other disasters or may have an impact on other important benefits of the state When the plaintiff or defendant requests it or the court in which the case is under consideration makes an opinion and proposes it to the President of the Supreme Court requesting that the case be transferred to another court. If the President of the Supreme Court sees fit to grant permission. Order to transfer the case to the court as specified by the President of the Supreme Court.
The order of the President of the Supreme Court shall be final.
Section 27 Judges in any court who settle criminal cases in Thailand courts may be objected to in accordance with the provisions of the Civil Procedure Code which provides for that matter.
Unofficial Translation by Chaninat and Leeds Thailand Attorneys
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