Translation:Announcements, Acts, and Decrees From the Reign of Rama V/Tome 14/Part 26
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Table of contents
- Charter
- Chapter 1 Dealing with courts of justice
- Chapter 2 Dealing with Supreme Court of Justice
- Chapter 3 Dealing with powers of courts of justice in Bangkok and their judges
- Power of Court of Appeal to decide cases
- More than two judges required for Court of Appeal
- Power of Royal Criminal Court to try and decide cases
- Power of Civil Court to try and decide cases
- Power of Foreign Court to try and decide cases
- Number of judges to try and decide cases in Criminal, Civil, and Foreign Courts
- Powers of police courts
- Police courts and their judges can be in any number
- Chapter 4 Dealing with outer town courts
- Chapter 5 Dealing with powers of judges of outer town courts
- Chapter 6 Dealing with powers of outer town courts
- Chapter 7 Dealing with special commissioners
- Chapter 8 Dealing with commanding powers
- Chapter 9 Dealing with public prosecutors
- Public prosecutors
- Method for appointment of public prosecutors
- Duties of public prosecutors
Powers of public prosecutors in courts of examinations - Police's power to institute criminal cases to be determined by Minister of Justice
- Ministerial officials to have the same powers of advocacy as public prosecutors
| Section1.This Act shall be called the Court of Justice Charter, 127 Rattanakosin Era,[1] and shall only apply to the courts herein named. | Title and application of the Act | |
| Section2.In the Ministry of Justice, there shall be a presiding minister to exercise command, and to resolve obstruction to litigation, and to be responsible for ensuring that the trial and adjudication proceed in a smooth and fair manner, which duties shall be separated from the trial and adjudication of cases, and there shall be officials for the Ministry as may be appropriate. In addition, in order to appoint, or promote, or replace a judge of a court of justice, the Minister of Justice has the duty to inform His Gracious Majesty. | Ministry of Justice requires a minister as responsible officer | |
| Section3.All the cases which would be tried before various ministries according to the former law, and the courts called by various names, which are competent to try all cases and affiliated to the chiefs of various departments, namely, the Metropolitan Administration Court, the Kasem Civil Court, the Central Civil Court, the External Criminal Court, the Appeal Court of the Department of Interior, the Court of the Paddy Department, the Court of the Left Department of Ports, the Court of the Right Department of Ports, the Court of Foreign Cases, the Royal Household Court, the Inheritance Court, the Revenue Court, the Court of Religious Affairs, as well as the Court of Petitions and the Court of the Front Palace, being a total of fifteen courts, shall, together with the triers and arbiters in all ministries, be transferred to and be merged into the courts of justice which have been incorporated as a grand ministry, in order that they be subject to one and the same command. | Courts to be merged into Ministry of Justice | |
| Section4.All the courts which, under to the old tradition, are known by the various names mentioned in section 3 shall be abolished. The entire judiciary shall be divided into one Supreme Court of Justice responsible to His Majesty the Lord Over All Heads and two other groups affiliated to the Ministry of Justice, one being the courts of justice of Krung Thep, the other being the courts of the outer towns. As regards the outer town courts, the dispositions of the Outer Town Court Charter shall govern. As regards the courts in Krung Thep, they shall be divided into five courts, namely, the Court of Appeal, the Royal Criminal Court, the Civil Court, the Foreign Court, and a police court, being these five courts only. | Courts to be abolished, only 5 to remain | |
| Section5.All the cases which citizens may bring before the Crown through petition are those denouncing or challenging judgments of the Court of Appeal or those denouncing the minister of any ministry in regard to his public duties which are prohibited from being brought to court. Petitions can be submitted to the Crown on grounds of those grievances. | Petitionable cases | |
| Section6.The Supreme Court of Justice, which has been established by virtue of the royal permission, shall be the highest court in trying and adjudicating upon all cases. How many members there will be will depend upon His Majesty's pleasure. When not less than three members attend a meeting together, they will form a panel competent to examine and decide petitions. In addition, if any matter gives rise to a point of law or when there arises any doubt as to the trial and adjudication procedure, and a member of the Supreme Court of Justice finds it appropriate to bring this before His Gracious Majesty for His decision, the Supreme Court of Justice shall have the power to bring it before His Gracious Majesty prior to passing a judgment for the case in question. | Examination and deciding of petitions | |
| Section7.No party shall further submit to the Crown a petition against a judgment of the Supreme Court of Justice which has concluded any case. | No petition can be made against a Supreme Court judgment any further | |
| Section8.The Court of Appeal of the Ministry of Justice shall have the power to try and adjudicate upon cases according to the stipulations designated in the procedural acts which deal with the Court of Appeal in every respect. | Power of Court of Appeal to decide cases | |
| Section9.A panel to try and adjudicate upon cases in this appellate instance shall be established by judges who are two or more in number. | More than two judges required for Court of Appeal | |
| Section10.The Royal Criminal Court shall have the power to try and adjudicate upon general criminal cases throughout the Royal Territory according to the stipulations designated in the procedural acts which deal with the Royal Criminal Court in every respect. | Power of Royal Criminal Court to try and decide cases | |
| Section11.The Civil Court shall have the power to try and adjudicate upon general civil cases throughout the Royal Territory according to the stipulations designated in the procedural acts which deal with the Civil Court in every respect. | Power of Civil Court to try and decide cases | |
| Section12.The Foreign Court shall have the power to try and adjudicate upon all cases to which subjects of foreign countries with special treaties of amity are parties, according to the stipulations designated in the procedural acts for the civil and criminal courts in every respect, and according to the occasional designations made by the Minister of Justice specifically for the cases in questions. | Power of Foreign Court to try and decide cases | |
| Section13.A panel to try and adjudicate upon all cases in these three courts, the Royal Criminal Court, the Civil Court, and the Foreign Court, according to sections 10, 11, and 12, shall be established by judges who are two or more in number. However, if a single judge sits at a trial, he shall have the power of adjudication according to the Charter of the Outer Town Courts, in which a hierarchy of judges for trying and adjudicating upon all cases has been given. | Number of judges to try and decide cases in Criminal, Civil, and Foreign Courts | |
| Section14.A police court shall have the power to try and adjudicate upon cases in the province of Bangkok which are petty cases according to those stated in the procedural acts in every respect and shall have the power to examine criminal cases which every court under this Charter can address. | Powers of police courts | |
| Section15.How many police courts there should be and how their territories should be designated shall be subject to the designations made by the Minister of Justice from time to time. In addition, in each police court, a panel can be established by one or more regular judges of the police court. | Police courts and their judges can be in any number | |
| Section16.This Charter of the Outer Town Courts shall apply to the outer towns in Bangkok Circle as well as in Krung Kao Circle, Chanthaburi Circle, Chum Phon Circle, Nakhon Chai Si Circle, Nakhon Ratchasima Circle, Nakhon Sawan Circle, Nakhon Si Thammarat Circle, Pachin Buri Circle, Phayap Circle, Phitsanulok Circle, Phuket Circle, Ratchaburi Circle, and shall apply in other circles or towns when promulgated by the Minister of Justice upon the royal permission. | Application of charter of outer town courts | |
| Section17.Apart from the special courts established specifically for any acts or public service in outer towns, there shall be regular courts for trial of cases in outer towns, which shall be ordered in three tiers as follows, namely— | Outer town courts to be in three tiers | |
| 1.circle courts; | ||
| 2.town courts; | ||
| 3.municipal courts; | ||
| and special courts which will be established in a circle from time to time. | ||
| Section18.As regards where the regular courts in these three tiers should be located, the Minister of Justice shall exercise his judgment as appropriate for the public service before informing His Gracious Majesty. Upon receipt of the royal permission and announcement to the great public for their knowledge, the courts can be located. | Locations of outer town courts | |
| Section19.In a circle court, a panel competent to exercise full power of the court to try and adjudicate upon cases must be established by a group of regular judges, which includes the chief of the circle court and other judges who are not less than two in total. In a town court, a panel competent to exercise full power of the court to try and adjudicate upon cases must be established by a group of judges, which includes judges of the town court and other judges who are not less than two in total. However, there shall only be one position of judge for each municipal court. | Not less than two regular judges required for outer town courts, save municipal courts | |
| When judges cannot sit in full panel for trying a case, for instance, when some judges are sick, or are on leave, or are unable to participate in the sitting because of being interested by the case, the judges sitting for trying such case shall have the power to invite any commissioned public servants to sit as substitute judges in order that the panel be complete. However, doing this is permitted only in an event of urgency and it is necessary for this to be noted down in the case [file]. | ||
| When judges have invited other persons to participate in the sitting for trying the case as said above, a report must immediately be made to the Minister of Justice for his permission, and whilst no response has yet been obtained, the trial shall not be stayed in wait for it. If permission has later been obtained from the Minister of Justice, anything done previously shall remain valid, but if the Minister of Justice refuses his permission, the trial of such case must be renewed. | | |
| Section20.A circle court can handle cases by virtue of its powers throughout the territory of the local administration circle where it is located. A town court can handle cases by virtue of its powers only in the area of the town where it is located. And a municipal court can handle cases by virtue of its powers only in the locality the Minister of Justice has designated to be the municipality it shall rule over, of which the extent can be much or less to any degree. | Power of circle courts, town courts, and municipal courts | |
| Section21.Judges for trying and adjudicating upon cases in outer towns are classified by their positions into two groups, namely— | Hierarchy of judges of outer town courts | |
| first-class judges; | ||
| second-class judges. | ||
| Section22.The second-class judges have the following powers, namely— | Powers of second-class judges | |
| article1.to issue warrants or orders for arrest; | ||
| article2.to ordain the sending of a person to a different municipality; | | |
| article3.to issue warrants or orders for search for exhibits; | ||
| article4.to issue summonses for appearances of parties and witnesses in cases which they have the power to try; | ||
| article5.to examine cases of public order offences; | ||
| article6.to try and adjudicate upon cases of public order offences merely carrying a petty penalty of imprisonment of not over one month, or a fine of not over two hundred baht, or rod-beating for a child for not over twenty strokes; | ||
| article7.to try and adjudicate upon civil cases in which the amount of money or monetary penalty in dispute is not over two hundred baht. | ||
| Section23.The first-class judges have the following powers: | Powers of first-class judges | |
| article1.to exercise all the powers vested in the second-class judges; | ||
| article2.to try and adjudicate upon cases of public order offences carrying imprisonment of not over six months or a monetary penalty of not over a thousand baht; | ||
| article3.to try and adjudicate upon civil cases in which the amount of money or monetary penalty in dispute is not over a thousand baht. | | |
| Section24.A judge will have the aforementioned powers only when he is in the position to handle cases in any court. | Judge's powers only operative in court | |
| Section25.The powers of a municipal court to try and adjudicate upon cases are merely equivalent to the positional powers of a judge or powers lower than those, as may be designated by the Minister of Justice. | Powers of municipal courts | |
| Section26.A town court has the following powers, namely— | Powers of town courts | |
| article1.if cases which have arrived at the town court are not beyond the positional powers of a judge, the judges of the town court may, one for each case, separately try and adjudicate upon the cases which are within the limits of their positional powers; | ||
| article2.if a case which has arrived at the town court is beyond the positional powers of a judge, judges of the town court shall together form a panel which has the power to try and adjudicate upon cases within the following limits, namely— | ||
| clause1.a civil case in which the amount in dispute is not over ten thousand baht; | ||
| clause2.a case of public order offence for which the following punishment has been designated, namely— | ||
| firstly, imprisonment of not over ten years; | ||
| secondtly, flogging for not over thirty strokes; | ||
| thirdly, a fine of not over ten thousand baht. | ||
| Section27.A circle court has the following powers, namely— | Powers of circle courts | |
| article1.to try and adjudicate upon all cases in accordance with all legal provisions; | ||
| article2.to try and adjudicate upon cases appealed from lower courts in that circle, as may be designated by the Minister of Justice. | ||
| Section28.Special commissioners for organisation of courts of justice in outer towns are— | Hierarchy of special commissioners | |
| 1.those who have been appointed as special commissioners by His Gracious Majesty; | | |
| 2.those who hold the positions of commissioners general of circles; | ||
| 3.governors of towns whom the Minister of Justice has the power to appoint, one for each circle. | ||
| The special commissioners appointed by His Gracious Majesty may exercise the powers in every outer town. | ||
| The special commissioners who are local administrators and those who are town governors may exercise the powers within their circles only. | ||
| Section29.Special commissioners of all the three types under section 28 have the power to try and adjudicate upon cases of every kind, and the special commissioners appointed by His Geacious Majesty have the power to try and adjudicate upon cases in every outer town, but the special commissioners who are local administrators and those who are town governors have the power to try and adjudicate upon cases within their circles only. | Powers of special commissioners | |
| When any of the aforementioned special commissioners has adjudicated upon any case, no party shall file an appeal, but he must file a petition with the Crown directly. | ||
| Section30.The judge who is the chief or president of any court shall be responsible for ensuring that all the business of that court be orderly and in line with practice, and shall have the power to appoint, replace, and command officers of all positions in such court. | Commanding powers of chief judges | |
| Section31.The responsible judge as mentioned section 30 has the following additional duties, namely— | Commanding powers of responsible judges | |
| article1.to conduct inspection and give warning to ensure that the business of the court under his command proceed in an orderly manner; | ||
| article2.to be the officer with whom counsel can be taken in respect of obstruction encountered by other judges; | ||
| article3.to demand reports on cases and business of the court under his command; | ||
| article4.to take counsel with other authorites in order to orderly organise and maintain the business of the court; | ||
| article5.to produce reports on cases and send them according to rules. | ||
| Section32.A special commissioner for organisation of outer town courts has the power to command judges in outer towns in respect of the organisation of courts and the trial and adjudication of cases. When a judge finds it appropriate, he has the power to request the special commissioner to give an order in writing affixed with the signature of the special commissioner. | Power of special commissioners to command judges | |
| The Minister of Justice shall have the power to revoke the aforementioned order of the special commissioner. | ||
| Section33.There shall be public prosecutors to serve as public attorneys representing the Government in all courts. The Public Prosecution Department in Bangkok Metropolis shall be affiliated to the Ministry of Justice. Public prosecutors in outer towns shall be affiliated to the ministry competent to take charge of the public service of the towns and circles in question. | Public prosecutors | |
| Section34.The method for appointment of public prosecutors is as follows: In Bangkok Metropolis, the holders of the positions of chief and secretary of the Public Prosecution Department shall be appointed with the royal permission. As regards public prosecutors in Bangkok, they shall be selected by the chief of the Public Prosecution Department with the endorsement of the Minister of Justice. As regards public prosecutors in an outer town, the minister of the ministry in charge of the public service of the town shall appoint the public procurator of the circle and the public procurator of the town, and the commissioner general of the circle shall appoint the holders of the positions of public prosecutors inferior to the public procurators. | Method for appointment of public prosecutors | |
| Section35.A public prosecutor has the duty to accept to advocate cases of the following types: | Duties of public prosecutors | |
| article1.any civil case relating to the Government; | ||
| article2.a civil or criminal case brought against a public servant on grounds of the execution of duties, in respect of which it is found appropriate for the public prosecutor to represent that public servant; | ||
| article3.to institute cases of public order offences; | ||
| article4.in a criminal case instituted by a [private] prosecutor, when the public prosecutor finds it appropriate, he may join as a co-prosecutor, or when the [private] prosecutor abandons the case, the public prosecutor has the power to serve as the prosecutor himself; | ||
| article5.in a case sent by a court of examinations for institution before a high court, the public prosecutor has the power to order the court of examinations to hear evidence further, or the public prosecutor may order the court of examinations to try and adjudicate upon the case itself according to the major and minor powers of such court of examinations; | Powers of public prosecutors in courts of examinations | |
| article6.in a case which no citizen may institute due to legal prohibition, the public prosecutor has the power to accept to inspect the matter and institute the case; | ||
| article7.the public prosecutor has the power to withdraw a case instituted by a public prosecutor or to refrain from instituting a case sent by a court of examinations for institution, but the public prosecutor must notify the court of the matter. | ||
| Section36.The Minister of Justice shall have the power to issue regulations regarding the extent of the power of the Patrol Force and the Provincial Police to institute criminal cases in court. | Police's power to institute criminal cases to be determined by Minister of Justice | |
| Section37.If any ministry intends to appoint an official to advocate a case, it shall issue a power under seal to the Ministry of Justice to further be forwarded to the court, upon which the official shall be deemed to have the same powers in such case as a public prosecutor. | Ministerial officials to have the same powers of advocacy as public prosecutors |
- ↑ 2451 Buddhist Era, 1908 Common Era. (Wikisource contributor note)