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THAI LAW NEWS & ARTICLES
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.
The Debtor Doesn’t Pay—What Are a Guarantor’s Rights?
What happens if the debtor fails to repay a debt and you are the guarantor? Learn about a guarantor’s legal rights under Thai law, including available defenses, settlement options, and the right to recover payment from the debtor after satisfying the debt.
What Should You Do When Your Own Witness Turns Against You?
What happens when your own witness unexpectedly changes their testimony or begins supporting the opposing party? This article explains what constitutes a hostile witness under Thai law, when a lawyer can request permission to cross-examine their own witness, and practical courtroom strategies for handling this challenging situation.
Should Lawyers Give Witnesses a Question-and-Answer Script to Memorize?
Preparing a witness is one of the most important aspects of litigation, but should lawyers ask witnesses to memorize a question-and-answer script? This article explores the advantages and disadvantages of scripted witness preparation, explains why understanding the facts is more effective than memorization, and shares best practices used by experienced trial lawyers.
Witness Credibility in Court: How Judges Evaluate Witness Testimony Under Thai Law
Witness credibility is often the deciding factor in both civil and criminal litigation. This article explains how Thai courts evaluate witness testimony, the legal principles governing evidentiary weight, and the key factors judges consider when determining whether a witness is reliable and persuasive.