Thai Law Blog

The Thai Criminal Code is the basis of Thailand's Criminal Justice System.  While largely based on Western law, the Thai Criminal Code has some significant differences to the criminal law systems of other countries (see below).  The Thai Criminal Code recognizes basic rights, including the right to a trial, the right to present witnesses and evidence to defend oneself, the right to an attorney, the right against self-incrimination and the requirement of proof of guilt “beyond a reasonable doubt."   The Thai Criminal Code enumerates the majority of the criminal offenses which may result in arrest and imprisonment in Thailand.  In addition to the Thai Criminal Code, there are separate Acts that also provide for criminal penalties, e.g., The Computer Crime Act and The Anti-Money Laundering Act. After arrest, a Thai criminal case normally begins with an investigation by the police or investigators from an administrative section of the Thai government.  ...

The central law that regulates most business and individual matters in Thailand is the Thai Civil and Commercial Code ("the Code").   The Code sets forth general principles and specific rules for a wide range of civil law issues affecting businesses and individuals.  Some of the topics of special interest to businesses are:  company and partnership law, contracts, sales, obligations, wrongful acts (e.g., torts, negligence), property ownership, mortgages and other types of loans, leases and the law of agency.  Topics of special interest to individuals are:  marriage, divorce, wills and estate administration and parental rights and duties. The Code was enacted in 1925 and, despite numerous changes of governments and constitutions in Thailand, it has provided a consistent legal framework and structure for the conduct of business and personal transactions.  The French Civil Code was used as the starting point for the Civil and Commercial Cod...

The legal system in Thailand is predominantly a civil law system, with a number of other influences.  The traditional basis of Thai law is rooted in the Hindu Code of Manu (circa 200 BC), modified over the centuries to conform to Thai customs and traditions.  The present Thai legal system is modeled after the French civil law system and is, therefore, predominately statute based, with major codes akin to those of European civil law jurisdictions.  Some common law features are also apparent, such as the separation of powers into separate executive, legislative and judicial branches.   As a statutory law system, Thai law is mostly based on written laws passed by the legislative branch.  The primary sources of law are:  the Constitution, which is the principal law of the land; legislation,  comprising a variety of codes and acts; government and royal decrees; and local customs.  Court decisions do not carry the weight of bindin...

Prince Rapee Pattanasak (1874-1920), the 14th son of King Chulalongkorn (Rama V),  is considered to be the "Father of the Thai Legal System."  The Prince studied law at Christ Church College of Oxford University in the United Kingdom.  Upon his return to Thailand in 1896, Prince Rapee was appointed Minister of Justice.  He held this position for 14 years.  During this time the Prince codified the Thai legal system, established the Thailand's first law school (1897) and generally instituted the understanding of the written legal system in Thailand.  In 1911, King Rama VI appointed Prince Rapee to the post of Minister of Agriculture.  While serving in this position, the Prince standardized land ownership in Thailand and created the Royal Irrigation Department. The Prince passed away on 7 August 1920 in Paris, France.  Every year on this date, Thailand observes Rapee Day in remembrance of the Prince.

Welcome to the Thai Law Blog, produced as a public service by Premier Thai Legal Services Co., Ltd.   We are a full-service law firm based in Chumphon Province , representing corporate and individual clients locally and in Bangkok, Hua Hin, Pattaya and throughout the Kingdom.  Consultations are always free and can usually be conducted via telephone.  We pride ourselves in providing our clients with excellent and efficient legal services at very competitive rates.  Please feel free to contact us for assistance with any legal matter.  Premier Thai Legal Services Co., Ltd. 54/31 Moo 8  Saphli Sub-District, Pathiu District Chumphon Province 86230  Kingdom of Thailand Telephone and Facsimile: +66 077-613-673 Mobile: +66 082-256-3165 (Stuart Brill) Mobile: +66 087-431-7208 (Khwanta Saynet) E-mail: stuart@premierthailaw.com E-mail: khwanta@premierthailaw.com