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Supreme Court of Thailand

From Wikipedia, the free encyclopedia
Highest court in Thailand

Supreme Court of Thailand
ศาลฎีกา
Emblem of Court of Justice Thailand
Supreme Court Building inPhra Nakhon District,Bangkok, 2021
Map
Interactive map ofSupreme Court of Thailand
ศาลฎีกา
Established1891; 135 years ago (1891)
JurisdictionKingdom of Thailand
LocationBangkok,Thailand
Composition methodSelection by Judicial Commission
Appeals fromthe Appeal Court
Websitewww.supremecourt.or.th
President
CurrentlyAdisak Tantiwong
Since1 October 2025
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Post-reunification (since 1767)
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flagThailand portal

TheSupreme Court of Thailand (Thai:ศาลฎีกา,romanizedSan Dika), located inBangkok,Thailand, is the highestThai court of justice, coveringcriminal and civil cases of the entire country. The Supreme Court operates separately from theAdministrative Court and theConstitutional Court. Its judgments are considered final; neitherplaintiff norrespondent can request any furtherappeals.

Ajustice of the Supreme Court can be appointed from among justices of theCourt of Appeals having seniority, extensive knowledge and experience.[1] The current president of the Supreme Court is Judge Adisak Tantiwong.[2][3]

History

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Historically, there was no Supreme Court since a Thai monarch would adjudicate all disputes as the sole supreme judicial authority.[4] Citizens appealed directly to the King along his route to places out of the Palace. This system existed until the earlyRattanakosin Era, including through the reign ofKing Rama IV.[5]

During the reign ofKing Rama V, an official department for appeals was set up in the Palace, and in 1891, the king created the Ministry of Justice. The Judicator Act of 1909 was also enacted under Rama V's reign. This act established the Supreme Court as the highest court in the country, and cases were no longer appealed to the king.[6]

After Thailand adopted a democratic, constitutional form of government during theSiamese revolution of 1932, the Judicator Act of 1934 was enacted to amend the previous Judicator Act of 1909. The courts were divided into three levels, namely,Court of First Instance,Court of Appeals, and theSupreme Court.[citation needed]

Jurisdiction

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The Supreme Court of Thailand acts as the final court of appeal in all civil and criminal cases in the entire kingdom. An order or judgment of the Supreme Court in all kinds of cases is final.

A party who challenges an order or a judgment issued by the Courts of First Instances, the Court of Appeal or the Courts of Appeal Regions I – IX, has the right to appeal against the lower court's order or judgment, following the conditions and circumstances as required by law.

Specialized laws such as the procedural laws on labor, tax, intellectual property, and international trade allow parties to appeal against judgments of such specialized courts directly to theSupreme Court.

Composition

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Flag of the president of the Supreme Court of Thailand
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The Court consists of the president, vice presidents, secretary, and a number of justices. In the present-day juridical system, the president of the Supreme Court is also the head of the Courts of Justice.

At least three justices of the Supreme Court form aquorum. At present, the Supreme Court has divided the justices internally into 25 quorums. Each quorum has three justices; the most senior justice in a quorum is the presiding justice of the quorum.

The Supreme Court has ten divisions for specialized cases, namely,

  • Division of Juvenile and Family
  • Division of Labour
  • Division of Taxes
  • Division of Intellectual Property and International Trading, includingcopyright law of Thailand
  • Division of Bankruptcy
  • Criminal Division of Holders of Political Positions[7]
  • Division of Commerce and Economy
  • Environmental Division of the Supreme Court[8]
  • Division of Consumer
  • Division of Election Cases

Specialized divisions have nine justices in each division, as assigned by the president of the Supreme Court, and, also, one chief justice or presiding justice supervising the work of the division. The judgment will be made by the majority of votes among justices in the quorum after each of justice's written opinion and oral statement to the meeting before making a decision.

Functions and procedure

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After being reviewed and brought through the initial process of administrative work, the appeals against judgment of the lower courts to the Supreme Court will be assigned to justices of the Supreme Court by the president of the Supreme Court on a case-by-case basis. This process often takes approximately 15 days. However, there are some kinds of special cases such as intellectual property, tax, bankruptcy, and, international trade which are the exception. In addition, some criminal cases in which the defendants are in custody during the trials are given priority.[9][10]

Theadjudication process of the quorum of the Supreme Court occurs when the court allows plaintiff and respondent to present the factual and legal issues[citation needed] from their sides in thetrial. This process can take from a few months to the expiry of the case, depending on the decision the senior judges of the case made as appropriate.[citation needed]

Afterward, a draft of judgment or order is released. The examination process by the Research Division or approval process by a certain specialized division can then take place. This process can take up to a month. The procedure ends with the transmission of a case file with a judgment of the Supreme Court to the Court of First Instance for pronouncement.[citation needed]

See also

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References

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  1. ^The Supreme Court of Thailand, (2012). The Supreme Court of Thailand, Bangkok, Thailand.
  2. ^"Who is Who in the court's panel of judges deliberating rice pledging case".Thai PBS. August 18, 2017. RetrievedMay 30, 2019.
  3. ^"ราชกิจจาเผย ประกาศโปรดเกล้าฯแต่งตั้ง "ชีพ จุลมนต์" เป็นประธานศาลฎีกา". August 28, 2017.
  4. ^The Supreme Court of Thailand, (n.d.). History of Supreme Court. Retrieved November 27, 2015 fromhttp://www.supremecourt.or.th/file/dika_eng.pdf
  5. ^ประวิติศาลฎีกา (History of the Supreme Court), ภักดีธนากุล, จ. (2010) กฎหมายวิธีพิจรณาความแพ่งว่าด้วยการอุธรณ์ - ฎีกา
  6. ^นโยบายการบริหารงานศาลยุติธรรมและภารกิจที่สำคัญของประธานศาลฎีกา งบประมาณ พ.ศ. 2549-2550, สุขารมย์, ส. (ไม่ระบุ) ประวัติศาลฎีกา (History of the Supreme Court) (น. 10-16)
  7. ^"Criminal Division of Holders of Political Positions".The Supreme Court of Thailand. RetrievedMay 18, 2019.
  8. ^"Environmental Division of the Supreme Court".The Supreme Court of Thailand. RetrievedMay 18, 2019.
  9. ^Thai PBS, (August 11, 2015). Three special court divisions open to separately handle human trafficking corruption and drugs Retrieved fromhttp://englishnews.thaipbs.or.th/three-special-court-divisions-open-to-separately-handle-human-trafficking-corruption-and-drugs
  10. ^"Court sets up units to rush trafficking trials".Bangkok Post. August 10, 2015. RetrievedMay 18, 2019.

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