Page:พรบ ให้ใช้ ธศย ๒๕๔๓.pdf/12

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

Volume 117, Issue 44A
Page 12
Royal Gazette

18 May 2543

Note: The grounds for promulgation of this Act are as follows: Section 236 of the Constitution of the Kingdom of Thailand prescribes that, in sitting to try a case, a court must be in full panel, and judges who have not sat at the trial of any case will not be able to participate in the adoption of a judgment for such case, save where there is force majeure or other unavoidable necessity as prescribed by the law. Section 249 of the Constitution of the Kingdom of Thailand prescribes that the assignment of case files to judges be governed by the criteria established by the law and prohibits the recall or transfer of a case file, unless the fairness in trying and adjudicating upon cases is likely to be affected. In addition, a law has been enacted in accordance with section 275 of the Constitution of the Kingdom of Thailand, requiring that courts of justice be furnished with independent secretariats commanded by a Secretary General of the Office of the Judiciary who is directly accountable to the President of the Supreme Court of Justice. In order to support the provisions of the Constitution of the Kingdom of Thailand and to enable the organisation of the administration of the courts of justice under the Charter of the Courts of Justice to be in line with the law enacted in accordance with section 275 as said, it is therefore necessary to enact this Act.