Chapter 3: Jurisdictions of Courts

Chapter 3 of the Thai Criminal Procedure Code outlines court jurisdiction. We can also look at Section 22 which states that the courts handle offenses committed in their district. Note however that jurisdiction may shift to where the defendant resides, was arrested, or where the inquiry occurred. Likewise for crimes outside Thailand, the Criminal Court or court of inquiry has jurisdiction. Likewise you can see the Investigation and Inquiry Powers which is also part of the Criminal procedure code. This is all part of the Criminal Procedure Code in Thailand

Chapter 3: Jurisdictions of Courts

Section 22

In Thailand the court has jurisdiction over offenses committed within its district, unless: 1. The defendant resides or was arrested. Likewise the inquiry occurred elsewhere—then, that local court may try the case.

2. For those who offenses committed outside Thailand. Then the jurisdiction lies with the Criminal Court. Likewise the court where the inquiry was held. Section 23

If multiple courts have jurisdiction, and the charge was filed in a court outside the offense’s location, the prosecutor or defendant may request a transfer to the proper court.

If a plaintiff later finds another court more convenient, they may request a transfer—even if the defendant objects. The court may approve or deny the request. Section 24

For related offenses (e.g., same offender, accomplices, or connected acts), the case may be tried in the court with jurisdiction over the offense carrying the highest penalty. If penalties are equal, the court where the first case was filed has jurisdiction over all. Section 25

Where this occurs the courts may try related cases together.An example is where a related case is better suited for another court,. Now if both courts agree, the case can be transferred. Section 26

If fair trial risks arise (due to local bias, unrest, or state interests), the plaintiff, defendant, or court may request a transfer. The Supreme Court President decides, and the decision is final.

 

Section 27

Note that judges in criminal cases. They can be challenged under the Civil Procedure Code provisions.

 

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