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You will note that the Court of Justice may only collect fees as specified in this chapter. While in criminal cases filed by a prosecutor. There are no fees to be charged for compensation or property return requests. This unless the injured party demands an excessive amount or acts in bad faith. In addition the case the court may order them to pay fees. Lasly you will note that failure to comply is treated as abandoning the claim.
If compensation or property recovery is pursued independently as a civil case, fees are charged accordingly. A request to waive these fees must be submitted to the Court of First Instance, which may grant or deny it based on merit and reasonableness. Note that the court’s decision is final unless circumstances change. Lastly note that we have also written on the Thai extradition laws as well as re entry permit Thailand validity as well as condominium law Thailand.
Firstly you will note that the losing party may be ordered to pay the opposing party’s fees. Much like witnesses summoned to court are entitled to transportation. Likewise stipends, and lodging, unless already compensated under other laws.
Lastly when private individuals act as plaintiffs. They will need to bear the costs of sending complaints and summonses. Civil Procedure Code rules on fees apply where relevant. Lastly we also write about the Canada tourist visa for Thai citizen as well as pico finance and same-sex marriage in Thailand for foreigners.
Note that In all criminal cases. The Court of Justice is prohibited from charging any fees. These other than those specified in this Chapter.
In cases where the prosecutor is the plaintiff. Where there is a request to return or use the value of the property attached to the criminal complaint under Section 43.
This or where the injured party requests the defendant to pay compensation. Then no fees shall be collected. However, if the court finds that the injured party has demanded an unreasonably high amount of compensation. Likewise has pursued the case in bad faith. Then the court has the power to order the injured party to pay all or part of the fees within a specified period.
If the injured party fails to comply with the court’s order, it shall be considered as abandoning the lawsuit in that civil case.If a judgment or order is issued to return or use the value of the property or compensation, and the court must still deal with further enforcement, the party receiving the return of the property or compensation must pay fees as in a civil case for such further actions.
Subject to Section 253, paragraph one, if the injured person demands the return or use of property or compensation attached to a criminal case or filed as a civil case alone, fees will be charged as in a civil case. In civil cases under para. one. If the injured party wishes to request a waiver of court fees. This could be in the Court of First Instance, the Appeals Court, or the Supreme Court.
Then, they will have to submit an application to the Court of First Instance. This along with the complaint, appeal, or Supreme Court complaint, as the case may be. If the Court of First Instance finds that the criminal case has merit. Likewise the compensation claim is not excessive. This or made in bad faith. Then the court will issue an order granting the fee waiver.
Should the court only partially waives the fees or dismisses the application. Then, it will set a time for the plaintiff to pay the remaining fees. The order of the Court of First Instance. This regarding the waiver or dismissal of court fees will apply throughout the proceedings until the case is finalized. The one except where the circumstances change is where the court may amend the order accordingly. The court’s decision on this matter cannot be appealed.
In the cases described in Section 253, paragraph 2, and Section 254. Should it be requested by one of the parties. (cost order in the West) Then the court has the power to order the losing party to pay fees on behalf of the other party.
The court shall pay necessary and appropriate transportation expenses, stipends, and lodging allowances to witnesses. For those who appear in court pursuant to a summons. This would be in accordance to the regulations set by the Judiciary Executive Committee with the approval of the Ministry of Finance. Witnesses who have already received transportation allowances, stipends, or accommodation rentals under other laws. Note that they are not entitled to receive them again under this section.
In cases where the people are the plaintiffs, the plaintiff must incur the expenses for sending a copy of the complaint and the summons to the defendant. Such expenses must not be unreasonably high.
The provisions of the Civil Procedure Code regarding court fees shall apply mutatis mutandis.
Lastly note also the sections on Summons and Criminal Warrants, Criminal Warrants and Warrants for Search
In Thailand always check with a criminal law firm in Thailand for proper information. Likewise also see the divorce in Thailand article for those in a divorce with a need for child custody in Thailand. Likewise also look at Thailand hemp laws on here. Lastly also see the law firm in Thailand article. Lastly for those who work in Thailand see the work permit Thailand article as well.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.