Prosecution process in Thailand

A Complete Analysis of the Prosecution Process in Thailand: A Must-Read Guide for Foreigners Protecting Their Rights in Thailand

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Meta description: Not familiar with the litigation process in Thailand? PSO Accounting Law Firm's professional team of lawyers will explain every step of a Thai lawsuit, from pre-litigation assessment to judgment enforcement, to help you efficiently defend your rights. We offer services in three languages: Chinese, English, and Thai.

Introduction: How to defend your rights when you are involved in a dispute in Thailand?

Investing, doing business, or living in Thailand inevitably involves encountering thorny issues such as contract breaches, debt disputes, and property disputes. When negotiation and mediation fail, legal action (prosecution) in Thailand becomes the ultimate means of safeguarding one's rights. However, Thailand's judicial system differs significantly from that in China, and language and cultural barriers further deter many foreigners.

PSO Accounting Law Firm, comprised of experienced Thai lawyers and professionals fluent in Chinese, English and Thai, has compiled this guide to help you understand the basic process of legal action in Thailand and safeguard your rights.

Step 1: Key preparations before litigation - laying the foundation for victory

The preparations before formal prosecution often directly determine the success or failure of the case.

1. Case assessment and evidence collection

   • Professional legal consultation: This is the most critical step. Our attorneys will work with you to assess your case's success rate, potential risks, and litigation costs. Not all disputes merit or require litigation.

   • Evidence solidification: Systematically collect and organize all relevant evidence, including but not limited to contracts, agreements, bank transfer records, communication records (emails, Line/WeChat chat screenshots), photos, videos, etc. In Thailand, documentary evidence is the type of evidence that the court attaches the most importance to.

2. Send a lawyer's letter

   • In most cases, we recommend sending a formal attorney's letter to the other party first . This is not only your last chance for reconciliation, but also demonstrates to the judge that you have attempted to resolve the dispute amicably, giving you a moral advantage in any subsequent litigation.

3. Property investigation and pre-litigation preservation

   • To prevent the other party from transferring assets during the litigation, which would result in the inability to enforce the judgment after winning the case, we can apply to the court for pre-trial preservation measures , such as sealing the other party’s bank accounts, real estate or other property.

Step 2: Formal initiation of litigation - submitting a complaint to the court

When settlement becomes impossible, litigation officially begins.

1. Drafting and filing a complaint

   • Our legal team will draft a legally binding complaint in Thai based on the facts of your case , clearly listing the plaintiff, defendant, claims, factual basis and legal reasons.

   • Depending on the nature and amount of the case, the complaint will be served on a court with jurisdiction , such as a civil court, a criminal court or a specialized Central Intellectual Property and International Trade Court.

2. Pay litigation fees

   • After the court accepts the case, you must pay litigation fees in advance. The fees are calculated proportionally based on the amount of the claim and are usually borne by the losing party.

Step 3: Court trial stage - the battle of evidence and debate

Civil litigation in Thailand usually includes the following steps:

1. Defendant's reply period

   • After the court serves a copy of the indictment on the defendant, the defendant usually has 15 days to file a response .

2. Evidence discovery and exchange

   • The two sides exchanged lists of evidence under the judge's supervision to clarify the focus of the dispute. This is a key step to ensure the fairness of the court confrontation.

3. Court hearings and trials

   • First Hearing : The judge will usually attempt mediation. If mediation fails, a subsequent trial date will be set.

   • The trial is a formal hearing in which lawyers from both sides present their cases, cross-examine each other, debate each other, and call witnesses to testify. The entire process is conducted in Thai, so having an experienced Thai lawyer who is fluent in the language is crucial.

Step 4: Judgment and Execution—The Ultimate Realization of Justice

1. Court ruling

   • After reviewing all evidence and arguments, the judge will announce the verdict on a later date. In Thailand, the process from prosecution to first-instance judgment can take months to years, depending on the complexity of the case.

2. appeal

   • If dissatisfied with the first-instance judgment, either party has the right to appeal to a higher court within one month from the date of delivery of the judgment . Thailand's judicial system usually has a three-instance final appeal system.

3. Enforcement of Judgment

   • After obtaining an effective winning judgment, if the other party still fails to perform, we can apply to the court for compulsory execution and use legal means to seal up and auction the other party’s property to realize your legal rights and interests.

Why choose PSO Accounting Law Firm to represent you in your litigation in Thailand?

• Led by licensed lawyers: Our litigation work is handled by fully licensed Thai lawyers, ensuring the professionalism and compliance of all legal actions.

• Seamless trilingual communication: Our team is fluent in Chinese, English, and Thai, so you don’t have to worry about language barriers and can fully understand the case progress and strategy.

• Cross-cultural legal wisdom: We have a deep understanding of the operating logic of the Thai judicial system, the cultural background, and the judgment tendencies of judges, and can develop the most effective litigation strategy for you.

• Comprehensive legal services: Combined with our accounting background, we have unique advantages in handling complex commercial disputes involving finance and taxation.

If you're facing a dispute in Thailand and unsure how to proceed, don't face it alone. Contact PSO Accounting Lawyers today for expert legal advice on your case. We are committed to providing you with clear direction and strong legal support.