Criminal Law

Lawyer explaining the differences between public prosecution and private prosecution in a Thai criminal case, with legal documents and a courtroom setting.

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.

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Requesting a Judge Replacement in Thailand: Judge Disqualification and Fair Trial Rights under Thai Law

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.

Requesting the Replacement of a Judge under Thai Law: Grounds for Challenging a Judge, Procedures, and Legal Rights of Parties Read More »

Scales of justice, a judge's gavel, and legal documents representing sexual harassment laws and legal rights under Thai law in criminal and employment cases.

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.

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Judge's gavel, scales of justice, and legal documents representing how Thai courts evaluate consent and evidence in rape cases under Thai criminal law.

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.

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Legal Presumption under Section 84/1 of the Thai Civil Procedure Code illustrating the burden of proof and evidence in Thai civil litigation.

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.

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Criminal defense lawyer reviewing case files and legal evidence while preparing a courtroom defense strategy in Thailand

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.

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Lawyer cross-examining a hostile witness during a courtroom trial in Thailand

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.

What Should You Do When Your Own Witness Turns Against You? Read More »

Lawyer preparing a witness for court testimony during a witness preparation meeting before trial

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.

Should Lawyers Give Witnesses a Question-and-Answer Script to Memorize? Read More »

Judge evaluating witness credibility during court proceedings while reviewing witness testimony and documentary evidence in a Thai courtroom.

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.

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