Criminal Court of Thailand
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Criminal Court of Thailand
Criminal Court
?
Coat of Arms of Siam (1873-1910).svg
LocationRatchadaphisek Road, Chom Phon Subdistrict, Chatuchak District, Bangkok
Coordinates13°43?29?N 100°37?59?E / 13.7245995°N 100.6331106°E / 13.7245995; 100.6331106Coordinates: 13°43?29?N 100°37?59?E / 13.7245995°N 100.6331106°E / 13.7245995; 100.6331106
Authorised by
  • Statute of the Courts of Justice, BE 2543 (2000)
  • Criminal Code
  • Code of Criminal Procedure
Appeals toCourt of Appeal
WebsiteCrimc.coj.go.th
President
CurrentlyRaengron Pariphonphotphisut
Since1 October 2014[1]
Emblem of Thailand.svg

politics and government of
Thailand
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Flag of Thailand.svg Thailand portal

The Criminal Court (Thai: ?; RTGSSan-aya; IPA: [s?:n.?a:.ja:]) is a Thai court of justice of first instance responsible for the application of criminal law in Bangkok.[2] The court is located on Ratchadaphisek Road and is colloquially called "Ratchada Criminal Court" (?).

Background

During Sukhothai Kingdom, Ayutthaya Kingdom and the initial period of Rattanakosin Kingdom, the judicial service was part of the executive service. King Chulalongkorn later launched an administrative reform by which the courts competent to deal with criminal cases in Bangkok, that is, the Metropolitan Court () and the Outer Criminal Court (?), were consolidated into a Royal Criminal Court (). The Royal Criminal Court sat at the Military Registration Hall (?) within the Front Palace.[3]

In 1935, a Statute of the Courts of Justice was promulgated and renamed the Royal Criminal Court to the Criminal Court.[3] In 1941, the Criminal Court moved its seat to a building newly constructed on Rachini Road near the Petty Crimes Division () of the Corrections Department, Ministry of Justice, in Phra Nakhon District.[3] On 25 March 1992, the Criminal Court again moved to a new building on Ratchadaphisek Road in Chatuchak District.[3]

Jurisdiction

Jurisdiction ratione materiae

According to the Statute of the Courts of Justice, BE 2543 (2000), the Criminal Court has the jurisdiction ratione materiae (jurisdiction by reason of matters) over all criminal offences committed or believed to have been committed within its territory. However, these offences must be punishable by imprisonment for more than three years, a fine of more than sixty thousand baht or both.[4]

The offences liable to lower penalties fall within the jurisdiction of municipal courts.

Jurisdiction ratione tertiis

Under the Statute of the Courts of Justice, BE 2543 (2000), the Criminal Court has the jurisdiction ratione tertiis (jurisdiction by reason of territory) over sixteen districts of Bangkok:[4]

Under the Criminal Code, the Criminal Court and all other courts of criminal jurisdiction also have the jurisdiction ratione tertiis over all places outside Thailand, subject to the conditions set forth therein.[4][5]

Special jurisdiction

Although an offence is not committed within its territory, the Criminal Court is competent to handle the offence for the sake of convenience, if the offender resides, is domiciled or is arrested in one of the mentioned districts of Bangkok or if the inquiry is conducted therein.[4]

Moreover, the Statute of the Courts of Justice, BE 2543 (2000), allows any offence to be brought to the Criminal Court, even though it does not meet both the criteria of territory and the criteria of convenience. But the Criminal Court is competent to exercise its discretion as to whether it should accept to address such offence.[4]

Procedure

The procedural activities of the Criminal Court are mainly regulated by the Statute of the Courts of Justice, BE 2543 (2000), as well as the Code of Criminal Procedure. The Code of Criminal Procedure, section 15, states that if nothing in the code is applicable to any procedural activity, the Code of Civil Procedure applies thereto in so far as possible.[6]

The Statute of the Courts of Justice, BE 2543 (2000), section 2, defines the Criminal Court as a court of first instance and, section 26, requires that its quorum be constituted by at least two judges.[7] The Code of Criminal Procedure, section 184, prescribes that a decision of the court is based upon a majority of votes of the judges constituting the quorum. If such majority cannot be reached because there are two or more conflicting opinions amongst those judges, section 184 provides that the opinion most favourable to the defendant prevails.[6]

Pursuant to the Code of Criminal Procedure, section 193, the decisions of the Criminal Court can be appealed to the Court of Appeal which is a court of second instance.[6]

Administration

Overview

The officers of the Criminal Court are divided into two types: judicial officers and administrative officers. The judicial officers are formally called the "court of justice judicial officers" () and the administrative officers, the "court of justice administrative officers" (). The judicial officers deal with judicial affairs of the court, whilst the administrative officers handle administrative affairs of the court (providing support to the judicial affairs).[8]

Judicial service

Presidency

The judicial officers are led by the presidency of the court consisting of one judicial officer called "President of the Criminal Court" () and another judicial officer called "Vice President of the Criminal Court" (). If necessary, the Statute of the Courts of Justice, BE 2543 (2000), allows the appointment of more than one but no more than three vice presidents.[7]

List of presidents of the court
# Name Tenure References
Romanised (RTGS) Thai Start End
Phraya Lekha Wanit Thamma Withak (Yian Lekhawanit) ( ) 31 January 1941 [9]
Luang Prasat Suppha Nit (Pramun Suwannason) ( ) 1 February 1941 [9]
Phra Manu Phan Wimon San (Manuphan Lilamian) ( ) 1 September 1944 31 October 1945 [10][11]
Phra Niti Kan Prasom (Sa-nguan Chaichanian) (? ) 1 November 1945 30 September 1946 [11][12]
Phra Sara Nit Panya 1 October 1946 [12]
Thongchai Senamontri 1 October 2013 30 September 2014 [13][1]
Raengron Pariphonphotphisut 1 October 2014 19 October 2016 [1]

Divisions

The judicial service of the court is divided into divisions (?).

List of divisions of the court
# Name Date of establishment References
English Thai
1 General Criminal Division [8]
2 Division for Corruption and Misconduct of State Authorities 13 June 2015 [14]
3 Human Trafficking Division ? 13 June 2015 [15]
4 Narcotics Division 13 June 2015 [16]

Each division consists of thirteen chambers (). Each chamber consists of at least two judges. Cases brought to the court are assigned to the responsible chambers. A judge of one chamber may also be a member of another chamber.[8]

Administrative service

The administrative officers of the Criminal Court are attached to the Criminal Court Administrative Office (?). The office is led by one administrative officer called "Director of the Criminal Court Administrative Office" () who is supervised by the Criminal Court presidency.[8]

The office is divided into six sections:[8]

  1. Assistant Section (?),
  2. Financial Section (),
  3. Public Relations Section (),
  4. Case Management Section (?),
  5. Proceedings Support Section (), and
  6. Dispute Settlement and Rights Protection Section ().

Seal

The Criminal Court adopts as its seal the National Coat of Arms created in 1873 by King Chulalongkorn. The seal is affixed to all judgments and orders of the court.[17][18]

Cultural references

  • The Criminal Court is featured in a popular urban-style song, "Chu Thang Chai" (; "Adultery in Mind"), originally recorded by Thanin Inthrathep ( ) and later covered by many artists. The song speaks about a man who has one-sided love towards a married woman but feels that his love is a crime. He then confesses before the Criminal Court, hoping that the court would give him light penalties as the adultery is just committed in mind.[19]
  • The bend of Ratchadaphisek Road opposite to the Criminal Court is a place with a large banyan tree and a spirit house, where car accidents often take place. It has been called the "Curve of Hundred Corpses".[20]

References

  1. ^ a b c Government of Thailand (2014-12-18). "Prakat Samnak Nayokratthamontri Rueang Taengtang Kharatchakan Tulakan Long Wanthi Sip Sam Phruetsachikayon Song Phan Ha Roi Si Sip Chet" ? [Announcement of the Office of the Prime Minister on Appointment of Judicial Officers dated 13 November 2014] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 131 (Special 258 D): 1-17. Retrieved .
  2. ^ Information and Public Relations Division, Office of the Courts of Justice (n.d.). [Courts of justice] (PDF) (in Thai). Bangkok: Office of the Court of Justice. p. 6. Archived from the original (PDF) on 2015-12-08.
  3. ^ a b c d "Archived copy" [History of the Criminal Court] (in Thai). n.d. Archived from the original on 2014-09-01. Retrieved .CS1 maint: archived copy as title (link)
  4. ^ a b c d e "Archived copy" [Court's jurisdiction] (in Thai). Criminal Court. n.d. Archived from the original on 2014-09-01. Retrieved .CS1 maint: archived copy as title (link)
  5. ^ ? [Criminal Code] (in Thai). Council of State. 2014-03-25. Retrieved .
  6. ^ a b c ? [Code of Criminal Procedure] (in Thai). Council of State. 2014-03-25. Retrieved .
  7. ^ a b ?.?. 2543 [Statute of the Courts of Justice, BE 2543 (2000)] (in Thai). Council of State. 2013-05-25. Retrieved .
  8. ^ a b c d e "Archived copy" [Court administration] (in Thai). Criminal Court. n.d. Archived from the original on 2014-09-01. Retrieved .CS1 maint: archived copy as title (link)
  9. ^ a b Government of Thailand (1941-02-18). "Prakat Samnak Nayokratthamontri Rueang Taengtang Phuphiphaksa Sandika Lae Athibodi Phuphiphaksa San-aya Long Wanthi Sip Sam Phruetsachikayon Song Phan Ha Roi Si Sip Chet" ? ? ? [Announcement of the Office of the Prime Minister on Appointment of Supreme Court Judges and Criminal Court President dated 8 February 1941] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 58: 285-286. Retrieved .
  10. ^ Government of Thailand (1945-11-06). "Prakat Samnak Nayokratthamontri Rueang Taengtang Phuphiphaksa Sandika Lae Athibodi Phuphiphaksa San-aya Long Wanthi Nueng Kanyayon Song Phan Si Roi Paet Sip Chet" ? ? ? [Announcement of the Office of the Prime Minister on Appointment of Supreme Court Judges and Criminal Court President dated 1 September 1944] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 61 (55): 1756-1757. Retrieved .
  11. ^ a b Government of Thailand (1945-11-06). "Prakat Samnak Nayokratthamontri Rueang Taengtang Phuphiphaksa Sandika Lae Athibodi Phuphiphaksa San-aya Long Wanthi Sip Tulakhom Song Phan Si Roi Paet Sip Paet" ? [Announcement of the Office of the Prime Minister on Appointment of Supreme Court Judges and Criminal Court President dated 10 October 1945] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 62 (65): 1628. Retrieved .
  12. ^ a b Government of Thailand (1946-10-08). "Prakat Samnak Nayokratthamontri Rueang Taengtang Athibodi Phuphiphaksa San-aya Long Wanthi Ha Tulakhom Song Phan Si Roi Paet Si Kao" ? ? ? [Announcement of the Office of the Prime Minister on Appointment of Criminal Court President dated 5 October 1946] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 63 (66): 1487. Retrieved .
  13. ^ ? [Criminal Court's new president and administrators take office]. Daily News (in Thai). 2013-10-01. Archived from the original on 2014-06-15. Retrieved .
  14. ^ Government of Thailand (2015-06-12). "Prakat Khanakammakan Borihan Sanyuttitham Rueang Kanchatthang Phanaek Khadi Thutcharit Lae Praphuet Mi Chop Khong Chaonathi Khong Rat Nai San-aya Long Wanthi Paet Mithunayon Song Phan Ha Roi Ha Sip Paet" ? ? ? [Announcement of the Court of Justice Administrative Commission on Establishment of Division for Corruption and Misconduct of State Authorities in Criminal Court dated 8 June 2015] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 132 (51 A): 25. Retrieved .
  15. ^ Government of Thailand (2015-06-12). "Prakat Khanakammakan Borihan Sanyuttitham Rueang Kanchatthang Phanaek Khadi Kha Manut Nai San-aya Long Wanthi Paet Mithunayon Song Phan Ha Roi Ha Sip Paet" ? ? [Announcement of the Court of Justice Administrative Commission on Establishment of Human Trafficking Division in Criminal Court dated 8 June 2015] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 132 (51 A): 24. Retrieved .
  16. ^ Government of Thailand (2015-06-12). "Prakat Khanakammakan Borihan Sanyuttitham Rueang Kanchatthang Phanaek Khadi Yaseptit Nai San-aya Long Wanthi Paet Mithunayon Song Phan Ha Roi Ha Sip Paet" ? ? ? [Announcement of the Court of Justice Administrative Commission on Establishment of Narcotics Division in Criminal Court dated 8 June 2015] (PDF). Royal Thai Government Gazette (in Thai). Bangkok: Cabinet Secretariat. 132 (51 A): 26. Retrieved .
  17. ^ Kanya Phutrakun, Rungnapha Rattanaprasoetsi (2008). [Selected story by COJ Museum: National emblem] (PDF) (in Thai). Office of the Courts of Justice. Retrieved .
  18. ^ Kanya Phutrakun, Rungnapha Rattanaprasoetsi (2008). () [Selected story by COJ Museum: National emblem (continued)] (PDF) (in Thai). Office of the Courts of Justice. Retrieved .
  19. ^ (in Thai). Kasetsart University. n.d. Retrieved .
  20. ^ ?, (2015-01-19). 100?. Komchadluek (in Thai). Retrieved .

External links


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