Resources
THAI LAW NEWS & ARTICLES
BLOG
THAI LAW NEWS & ARTICLES
What Is an Expert Witness? A Key Figure Who Can Influence the Outcome of a Court Case
An Expert Witness plays a vital role in both civil and criminal litigation by providing specialized knowledge that helps courts understand complex technical, scientific, or professional issues. Learn who qualifies as an expert witness, how expert testimony is presented, how courts evaluate its evidentiary weight, and why expert opinions can significantly influence the outcome of a case.
Defending Public Fraud and Pyramid Scheme Cases in Thailand: 7 Key Legal Defence Strategies
Not every failed investment or unsuccessful business venture constitutes criminal fraud under Thai law. In public fraud and pyramid scheme cases, Thai courts carefully examine whether a legitimate business existed, the defendant’s intent, the evidence presented, and the circumstances surrounding the investment scheme. This article explains seven important legal defence strategies, including proving the business was genuine, demonstrating that the defendant was also misled, challenging allegations of public fraud, raising limitation period arguments, disputing the number of criminal counts, and presenting mitigating circumstances. Whether you are a business owner, investor, or defendant facing allegations of investment fraud, understanding these legal principles is essential when preparing an effective defence under Thai criminal law.
Public Prosecutor vs Private Prosecution in Thailand: 7 Key Differences in Criminal Cases
Under Thai criminal law, a criminal case may be initiated either by the Public Prosecutor following a police investigation or, in certain circumstances, by the injured person through a private prosecution. Although both lead to criminal proceedings, the legal process, evidentiary rules, preliminary hearings, settlement opportunities, and appeal rights differ significantly. Understanding these distinctions is essential for defendants, victims, and businesses involved in criminal litigation in Thailand. This guide explains the seven key differences between public prosecution and private prosecution, including investigation procedures, arrest warrants, witness examination, withdrawal of complaints, appeals, and practical litigation strategies under Thai criminal procedure.
Challenging a Will in Thailand on the Ground of Lack of Testamentary Capacity: 5 Key Issues Thai Courts Consider
Can a will be challenged because the testator lacked mental capacity? Under Thai inheritance law, a will may be declared invalid if the person making it did not have testamentary capacity at the time of execution. Thai courts carefully examine medical records, physician testimony, witness evidence, video recordings, and suspicious surrounding circumstances before deciding whether a will should be upheld or revoked. This article explains the five key legal issues considered by Thai courts and provides practical guidance for both beneficiaries defending a will and heirs seeking to challenge its validity.
Requesting the Replacement of a Judge under Thai Law: Grounds for Challenging a Judge, Procedures, and Legal Rights of Parties
Understanding how to request the replacement of a judge in Thailand. This article explains the legal grounds for challenging a judge, the procedures involved, and the rights of parties who believe a judge may not be impartial. Learn how Thai law protects the right to a fair trial and judicial independence.
Sexual Harassment under Thai Law: What Conduct May Be Illegal and How Thai Courts Evaluate Evidence
What constitutes sexual harassment under Thai law? While Thailand does not have a single standalone criminal offence called “sexual harassment,” various forms of inappropriate sexual conduct may lead to criminal, civil, employment, or disciplinary liability depending on the circumstances. Thai courts carefully examine witness testimony, digital communications, CCTV footage, electronic records, and other evidence before determining whether unlawful conduct has occurred. This guide explains the legal framework governing sexual harassment in Thailand, the types of behaviour that may create legal liability, the importance of preserving evidence, and the rights of both complainants and accused persons. Understanding how Thai law applies to workplace, public, and online harassment can help individuals and businesses better protect their legal rights.
Consent in Rape Cases under Thai Law: How Courts Evaluate Evidence in Criminal Proceedings
How do Thai courts determine consent in rape cases? Under Thai criminal law, consent is assessed by examining all the surrounding circumstances rather than relying on a single piece of evidence. Courts evaluate witness testimony, forensic medical reports, digital evidence, CCTV footage, communications between the parties, and other relevant facts before determining whether the prosecution has proven the offence beyond a reasonable doubt. This guide explains how Thai courts assess consent, the role of forensic and electronic evidence, the importance of preserving evidence, and the legal rights of both complainants and accused persons during criminal proceedings in Thailand.
The Principle of Good Faith under Section 5 of the Thai Civil and Commercial Code: Why It Can Determine the Outcome of a Civil Case
What is the Principle of Good Faith under Thai law? Learn how Section 5 of the Thai Civil and Commercial Code governs the exercise of legal rights and contractual obligations in Thailand. This guide explains the legal meaning of good faith, common examples of bad faith, the burden of proof, litigation strategies, and how Thai courts apply this important legal principle in civil disputes. Whether you are involved in a contract dispute, property litigation, commercial case, or other civil proceedings in Thailand, understanding the Good Faith Principle can help protect your legal rights and strengthen your position before the courts.
What Is Legal Presumption? Understanding Section 84/1 of the Thai Civil Procedure Code
What is Legal Presumption under Thai law? Learn how Section 84/1 of the Thai Civil Procedure Code affects the burden of proof in civil litigation. This guide explains statutory and factual presumptions, rebuttable and irrebuttable presumptions, practical examples, and how legal presumptions influence litigation strategy. Whether you are involved in a commercial dispute, property case, or civil lawsuit in Thailand, understanding legal presumptions can help you protect your rights and build a stronger case.
How to Defend a Criminal Case in Thailand: Three Key Criminal Defense Strategies
Facing criminal charges does not automatically mean you will be convicted. Learn the three principal criminal defense strategies under Thai law, including proving innocence, seeking sentence mitigation, and challenging the prosecution’s legal authority or criminal procedure.
How to Build a Strong Criminal Defense Strategy: The Three Main Types of Criminal Defenses Under Thai Law
A successful criminal case begins with a clear defense strategy. Learn the three primary categories of criminal defenses under Thai law, including proving innocence, seeking legal exemptions or sentence reductions, and challenging the prosecution’s authority or criminal procedure.
Why Must Documents Be Disclosed Before Trial? Understanding Section 90 of the Thai Civil Procedure Code
Preparing documentary evidence is a critical part of civil litigation. Learn how Section 90 of the Thai Civil Procedure Code requires parties to disclose documents before trial, the exceptions to the rule, and the legal consequences of failing to comply.