13 replies to this topic

[andyaus]

Now I am not a lawyer so I am happy to have any of this information corrected or explained.

I have noticed several threads where BM's have been critical of the laws in Thailand and i'm a kind of "when in Rome type person" so I just accept that This is Thailand.

What makes Thailand so different?

Well I guess we could start with the fact that the constitution has had 17 different chapters since 1932. Thailand's political history is turbulent and with Kings, Parliaments and Military Juntas all making amendments it is a miracle that the country is as stable as it is. The latest Constitution is the 2007 model whereby only half the Senate gets elected and the other half gets appointed. Significantly these appointed senators include the nations high ranking Judiciary.

The next significant fact is that unlike the USA, England and Australia the law is based on Civil Law rather than Common Law. What does this mean?...Well In my layman's view Civil Law is based on a written list of laws that the Judges must follow where as Common law evolves based on the precedent set by the Judges. We like to think our common law is better because it keeps up to date and offers fairness in decisions but we should be aware that Civil law is the oldest and most wide spread system in the world.

Both the history of Thailand and the different types of laws in the world are fascinating subjects but the point is that Thailand has a slightly different judicial system than we are use to. There are good reasons and instead of looking to fault it we should be grateful that it is as stable as it is.

I found an interesting article on a Web page for Chaninate & leeds Lawyers

Although Thailand's criminal law system may appear incomprehensible or even arbitrary from an outsider's point of view, there is actually clear organization and procedure to the way things are handled by both the police and the Attorney General.  Foreign nationals navigating the Thailand criminal law system should be aware of some keynote differences between the Thailand criminal law system and criminal systems of Western common law jurisdictions:

(1) It is possible in Thailand to file criminal charges privately.  This means unlike common law countries, cases do not necessarily have to be referred to the public prosecutor (Attorney General in Thailand) but may be filed by aggrieved individuals directly.

(2) There is no jury system in Thailand. Criminal cases are decided by judges only.

(3) The police are often overburdened in Thailand.  Accordingly aggrieved individuals often choose to retain an attorney to prepare charges to be filed with the police.

(4) There are Royal Pardons issued periodically in Thailand.

(5) The Constitution of Thailand is not as strong as constitutions in various western law countries such as the USA. There have been dozens of constitutions in Thailand. Constitutional protections are not as certain nor as reliable as in Western common law countries such as the United States.

(6) The body of common law case law that you can find in western law countries does not exist to the same extent in Thailand.  Although there are Supreme Court case decisions that are important for the development of the law of Thailand, they do not have the same weight as in common law countries.

(7) There is significant interest and activity in various international treaties and procedures such as prisoner exchange programs and extradition. This is due to the fact that Thailand has a large transient foreign population that often requires utilization of these extraordinary measures.

The basic elements of criminal defense procedure in Thailand and western common law jurisdictions are similar.


Perhaps we need to bear these things in mind when we comment on Thai laws and penalties. After all it is a foreign country.

[OleKingCole]

andyaus, on 25 July 2011 - 05:17 PM, said:

Now I am not a lawyer so I am happy to have any of this information corrected or explained.

I have noticed several threads where BM's have been critical of the laws in Thailand and i'm a kind of "when in Rome type person" so I just accept that This is Thailand.
---- snip ----

An interesting read, thank you.It adds to the jigsaw of understanding of the way things happen in the country we love to visit.

[Expat46]

Difficult topic to reply to, without breaking Forum Rules 1 or 2.

http://www.pattaya-a...tion=boardrules

take this under consideration before replying.

Edited by Expat46, 25 July 2011 - 06:26 PM.

[andyaus]

Expat46, on 25 July 2011 - 06:24 PM, said:

Difficult topic to reply to, without breaking Forum Rules 1 or 2.

http://www.pattaya-a...tion=boardrules

take this under consideration before replying.

Yes I actually read the rules before hitting the post button. I think that most BM's would ignore this post because  it doesn't mention sex but I thought a few might find it interesting.  Truth is that  I read comments that make incorrect assumptions about the Thai laws and presume that the laws should follow the ones in their countries so I looked for a few differences and found them.  By posting this I can now reply to other posts with a simple link to this article when I think other posts get it wrong. That  way  I don't bore the tits and arse readers.

Of course I may not have all my facts correct and some of the  more knowledgeable BM's might want to add to this.

Your warning about rules 1 and rules 2 are heeded.

[Edge]

andyaus, on 25 July 2011 - 05:17 PM, said:

Now I am not a lawyer so I am happy to have any of this information corrected or explained.

I have noticed several threads where BM's have been critical of the laws in Thailand and i'm a kind of "when in Rome type person" so I just accept that This is Thailand.

What makes Thailand so different?
..........................

You may have hit one of the nails on the head in that I don't think Thai Law is directly derived from Roman Law, as it is in many Western countries, although there are links to some French Law (Usufruct?) in the case of property I understand. Thai Common Law will have understandably taken different paths perhaps and their Civil Law is very different.

No, I'm not a lawyer either so I could be talking rubbish.  Any country's law system is a complex subject and Thailand's, due to the way it has been derived from many others, including Islamic, is more difficult than most for Westerners to understand.


Edit - Wiki' says :-  
The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, and Indian laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity.

[pubstud]

Well if it seems too complex you can always go to the "British Law" on the 3rd road.

[Edge]

pubstud, on 26 July 2011 - 05:13 AM, said:

Well if it seems too complex you can always go to the "British Law" on the 3rd road.

An interesting choice of name in this scenario. Not too much British about Thai law methinks.

Just as interesting a choice of name, considering the plethora of differences, is where I put what trust I have - "Magna Carta" on Pattaya Tai.

I don't pretend to understand Thai law, but there's no harm in trying to, whilst relying on a good lawyer to put me straight of course.

[superconsult]

It's an interesting topic and I like it.  We all have different opinions but it has to be fair and justifiable when we are commenting on another country's legal system.  It's also interesting to find that some members won't miss the chance in advertising their trading names "B.. Law" or "M C...". May be we should hear something officially and openly from the representatives of these 2 companies about this topic.

[andyaus]

Edge, on 26 July 2011 - 06:40 AM, said:

An interesting choice of name in this scenario. Not too much British about Thai law methinks.

Just as interesting a choice of name, considering the plethora of differences, is where I put what trust I have - "Magna Carta" on Pattaya Tai.

I don't pretend to understand Thai law, but there's no harm in trying to, whilst relying on a good lawyer to put me straight of course.

LOL...I have just watched the new movie "Ironclad" and brushed up on the Magna Carta as some background.... Looks like there is not much "Magna Carta" left in "British Law" either

Interesting thing about the Thai Laws is that the police don't always charge someone with a crime ..often it is left up to an individual to hire a Lawyer to prepare the charges....This looks like a good way to get  off a crime by paying off anyone who might charge you... You are not actually bribing the cops...but the victim... Explains a lot of posts about bribery.

[Edge]

andyaus, on 26 July 2011 - 07:04 AM, said:

LOL...I have just watched the new movie "Ironclad" and brushed up on the Magna Carta as some background.... Looks like there is not much "Magna Carta" left in "British Law" either

Interesting thing about the Thai Laws is that the police don't always charge someone with a crime ..often it is left up to an individual to hire a Lawyer to prepare the charges....This looks like a good way to get  off a crime by paying off anyone who might charge you... You are not actually bribing the cops...but the victim... Explains a lot of posts about bribery.

If you have the time, try brushing up on the Thai libel/defamation law - much different to almost anywhere else it seems - eg. it can be criminal and result in a jail sentence.

[Cerberus]

Thai Law was/is based on German Law.

[pubstud]

Has anyone ever used that "British Law" place on 3rd road?
I wonder what they do there?

[Edge]

Cerberus, on 26 July 2011 - 08:05 AM, said:

Thai Law was/is based on German Law.

Correct........ amongst others apparently  :-

Edge, on 26 July 2011 - 04:15 AM, said:

Wiki' says :-  
The Thai legal system became an amalgam of German, Swiss, French, English, Japanese, Italian, and Indian laws and practices. Even today, Islamic laws and practices exist in four southern provinces. Over the years, Thai law has naturally taken on its own Thai identity.

pubstud, on 26 July 2011 - 08:18 AM, said:

Has anyone ever used that "British Law" place on 3rd road?
I wonder what they do there?

I assume they are just aiming at Brits/English speaking clients who need help with Thai law.
I doubt they'll be doing much trade selling British Law.  

[Briankaplan]

That was great info, but as we all know thailand is thailand and its better to be respectful and eat it then get in worse trouble