Thailand’s legal system, influenced by both civil law traditions and local legal customs, classifies legal disputes primarily into civil and criminal cases. While both are handled by the judiciary and follow certain procedural norms, they differ significantly in purpose, procedure, penalties, and the parties involved. Understanding these key differences is crucial for individuals and businesses alike, especially for those dealing with legal matters in Thailand for the first time. This article explains the major distinctions between civil and criminal cases in Thailand, highlighting their legal frameworks, objectives, procedures, and outcomes.
1. Purpose of the Case
The most fundamental difference between civil and criminal cases in Thailand lies in their purpose.
- Civil Cases focus on resolving disputes between private parties regarding rights, obligations, or contracts. The goal of civil litigation is to restore rights, compensate losses, or enforce agreements. Examples include contract disputes, property claims, divorce, inheritance, and personal injury compensation.
- Criminal Cases are intended to punish wrongful acts that harm society. They involve prosecuting individuals or organizations accused of committing crimes such as theft, fraud, assault, or murder. The primary aim of criminal proceedings is punishment, deterrence, and maintaining public order.
2. Parties Involved
The parties involved in civil and criminal cases in Thailand differ in their roles and interests.
- In civil cases, the dispute is between private individuals, companies, or organizations. The person bringing the case is called the “plaintiff,” while the defending party is the “defendant.”
- In criminal cases, the state is a key player because crimes are considered offenses against society. A criminal case is prosecuted by the public prosecutor or prosecuting authority on behalf of the government. The person accused of a crime is called the “defendant,” and the victim may participate as a joint plaintiff but is not the main prosecutor.
3. Legal Process and Proceedings
Civil and criminal cases follow different procedures under Thai law.
- Civil Cases follow the Civil Procedure Code. The process generally starts with the plaintiff filing a lawsuit, after which the court sets dates for mediation, hearings, and trial. The proceedings emphasize restitution or compensation rather than punishment. The burden of proof is on the plaintiff, who must convince the court by a “preponderance of evidence” (greater than 50% likelihood).
- Criminal Cases follow the Criminal Procedure Code. The police or relevant authorities conduct investigations, after which the public prosecutor decides whether to proceed with the case. Criminal cases require stricter procedures to protect the accused’s rights because the consequences are more severe. The burden of proof is on the prosecution, who must prove the case “beyond a reasonable doubt.”
4. Standard of Proof
One of the most significant legal differences involves the standard of proof required to win a case.
- In civil cases, the plaintiff must establish their case by a preponderance of evidence—meaning it is more likely than not that their claims are true.
- In criminal cases, the prosecutor must prove the accused’s guilt beyond a reasonable doubt. This is a much higher standard because a person’s liberty and rights are at stake, and wrongful convictions must be avoided.
5. Penalties and Remedies
The outcomes or remedies differ considerably between civil and criminal cases in Thailand.
- Civil Cases typically result in the payment of monetary damages, the performance of contractual obligations, or other civil remedies like property restitution or injunctions. There is no imprisonment involved in civil cases.
- Criminal Cases can result in penalties such as imprisonment, fines, community service, probation, or even capital punishment in the most serious crimes. The court’s decision serves to punish the offender and protect society.
6. Role of Victims
Victims have different roles in civil and criminal cases.
- In civil cases, the victim (plaintiff) controls the entire process, from filing the lawsuit to negotiating settlements or withdrawing the case.
- In criminal cases, the state prosecutes the offender, regardless of the victim’s wishes. However, victims can still participate in criminal proceedings as “joint plaintiffs” seeking compensation alongside the criminal trial.
7. Settlement Possibilities
Settlements work differently in civil and criminal law.
- In civil cases, parties can settle the dispute at any stage before the judgment, and Thai courts encourage mediation to reduce litigation.
- In criminal cases, minor offenses may be settled before trial, especially through mediation, but most criminal charges must proceed through prosecution. In serious crimes, the state prosecutes even if the victim withdraws their complaint.
8. Court Jurisdiction
Thailand has different courts with specific jurisdictions for civil and criminal cases.
- Civil Cases are handled by Civil Courts, the Administrative Court (for disputes with government entities), Labor Courts (for employment matters), or specialized courts like the Intellectual Property and International Trade Court (CIPITC).
- Criminal Cases are heard in Criminal Courts, which deal with offenses under the Criminal Code and other penal laws. Some serious criminal cases may also involve the CIPITC if they relate to international trade crimes.
9. Case Duration
Generally, criminal cases in Thailand proceed faster than civil cases due to the need for prompt justice, particularly when the accused is in custody. Civil cases can sometimes be prolonged, especially if there are multiple levels of appeal or complex financial disputes.
10. Appeal Process
Both civil and criminal cases allow for appeals, but the process may differ.
- In civil cases, either party can appeal the judgment to the Court of Appeal and, in some cases, to the Supreme Court.
- In criminal cases, both the defendant and the public prosecutor have the right to appeal. However, if the defendant is acquitted, appealing against acquittal is more restricted, protecting individuals from double jeopardy.
Conclusion
In Thailand, civil and criminal cases serve different but equally important roles in the justice system. Civil cases focus on protecting private rights and compensating for losses, while criminal cases aim to punish wrongdoing and protect society. The differences in legal procedures, proof standards, parties involved, and outcomes highlight the importance of understanding which legal path applies to a specific dispute. Whether an individual is involved in a contractual disagreement or a criminal charge, knowing these distinctions ensures that their legal rights and obligations are appropriately handled within Thailand’s legal framework.
