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The Hierarchy of the Thailand Criminal Court

April 10, 2025 posted by Steve Brownstein

The hierarchy of the Thailand Criminal Court, as part of the broader "Courts of Justice" system, follows a three-tiered structure:

1. Courts of First Instance (ศาลชั้นต้น - San Chan Ton):

   • These are the trial courts where criminal cases are initially lodged and heard. They consider both the facts and the law of the case.
   • The Courts of First Instance include:
     • General Courts: These handle general criminal cases and are further divided into Criminal Courts (for more serious offenses in Bangkok) and Provincial Courts (for offenses outside Bangkok). There are also Kwaeng Courts (ศาลแขวง) which deal with less serious criminal offenses with lower potential penalties. In Bangkok, these are called Municipal Courts.
     • Specialized Courts: Certain specialized courts also have criminal jurisdiction over specific types of offenses. These include:
       • Central Intellectual Property and International Trade Court: Can handle criminal cases related to intellectual property and international trade.
       • Central Tax Court: Now has expanded jurisdiction to include criminal tax, customs, and excise tax claims.
       • Labour Courts: While primarily civil, they can handle certain criminal matters related to labor laws.
       • Criminal Courts for Corruption and Misconduct Cases: Specifically for offenses involving corruption and misconduct by government officials.
       • Juvenile and Family Courts: While primarily focused on juvenile delinquency and family matters, they also handle criminal cases involving juveniles.

2. Courts of Appeal (ศาลอุทธรณ์ - San Utthon):

   • These are the appellate courts that hear appeals against the judgments and orders of the Courts of First Instance in criminal cases.
   • The Court of Appeal can review both questions of law and questions of fact from the lower courts' decisions.
   • There is a central Court of Appeal and nine regional Courts of Appeal.

3. Supreme Court (ศาลฎีกา - San Dika):

   • This is the highest court in Thailand and the final court of appeal for most criminal cases.
   • Appeals to the Supreme Court are generally on questions of law, although in some exceptional circumstances, they may review questions of fact.
   • The Supreme Court's decisions set precedents for lower courts to follow.
   • The Supreme Court also has a Criminal Division for Persons Holding Political Positions, which has original jurisdiction over cases involving allegations against high-ranking political figures.

In summary, the hierarchy for criminal cases in Thailand is:

Courts of First Instance (Criminal Courts, Provincial Courts, Kwaeng/Municipal Courts, Specialized Courts with criminal jurisdiction) ↓ Courts of Appeal (Central and Regional) ↓ Supreme Court

It's important to note that there are other court systems in Thailand outside of the "Courts of Justice" that handle specific types of cases, such as the Constitutional Court, Administrative Courts, and Military Courts, but these generally do not deal with ordinary criminal offenses.