Civil and criminal cases are a vital part of the Thai legal system. Understanding their differences, legal procedures, and burdens of proof can be helpful when pursuing justice in Thailand.
The judicial system in Thailand is three-tiered and includes Courts of First Instance, Courts of Appeal, and the Supreme Court. It does not rely on juries to determine guilt or innocence.
What is the Difference Between Criminal and Civil Cases in Thailand?
Defending criminal cases in Thailand can be complex and time-consuming. But a competent and experienced lawyer can prevent surprises and ensure that the client understands the litigation process at all times.
The civil litigation process in Thailand is more streamlined. But it can still take 1.5 to two years to reach a final judgment.
A claimant can file a civil case either through police or directly to the court. A judgment in the lower court can be appealed within a month to the Court of Appeal.
What is the Burden of Proof in a Criminal Case?
The burden of proof in a criminal case is higher than in civil cases. This is because a person accused of committing a crime has to disprove allegations against them in court.
Civil courts encourage dispute parties to agree on an out-of-court settlement but are not required to do so. Furthermore, these courts typically do not render interim assessments about factual or legal issues in dispute.
Kwaeng courts are designed to resolve small disputes with minimal formality and expense. A skilled lawyer can work the process to their client’s advantage and anticipate opposing counsel’s moves.
What is the Burden of Proof in a Civil Case?
A plaintiff in a civil case must prove her cause of action by clear and convincing evidence. This is a higher standard than the preponderance of evidence required in criminal cases.
Thailand has specialized courts to deal with intellectual property and international trade, tax and bankruptcy, and labour cases. These include the Central Intellectual Property and International Trade Court, the Central Tax Court, and the Central Bankruptcy Court in Bangkok and nine regional labour courts.
Civil cases are often lengthy, and the court system has a backlog. This means that disputing parties may have to wait for a final judgment before being able to enforce it.
What is the Burden of Proof in a Defamation Case?
In order to prove defamation, the plaintiff must show that:
A false statement was published; that it identified the plaintiff (this can be proven through things like a photograph or recognizable descriptive characteristics); and that it caused harm. In addition, the plaintiff must prove economic loss.
If the plaintiff is a public figure, they must prove that the defendant acted with actual malice. This is a higher standard than the negligence standard that private people must meet, since public figures voluntarily chose to put themselves in the spotlight.
What is the Burden of Proof in a Family Law Case?
Anyone who has watched crime shows knows the phrase “innocent until proven guilty.” This is a standard of proof that must be met in criminal cases, requiring the prosecution to prove the accused’s guilt beyond a reasonable doubt.
Most civil cases, including family law matters, use a lower standard of proof called the preponderance of evidence. This means that the Court must be persuaded slightly to one side with evidence. However, certain types of family law cases, such as child custody cases, require a higher standard of proof known as clear and convincing evidence.
What is the Burden of Proof in a Property Law Case?
The burden of proof is the legal requirement that someone advancing a claim or seeking judicial recompense prove their allegations to an acceptable level. Typically, this is a preponderance of evidence. Some cases like affirmative defenses or civil commitments require a higher standard called clear and convincing evidence.
Generally, the person bringing the lawsuit holds this burden of proof. However, in some circumstances the prosecution also has a responsibility to establish their case with the appropriate evidentiary standards. Ultimately, it’s the jury’s decision which party will be victorious.
What is the Burden of Proof in a Contract Case?
A person claiming damages in a contract case has the burden to prove their claim. This is typically a preponderance of evidence standard but can be higher in some cases such as fraud or when claims are based on special facts such as mental and physical health; real property actions; or proceedings seeking to overturn or displace historically established legal presumptions.
In criminal cases, the prosecution must show the defendant’s guilt beyond a reasonable doubt. This is the highest evidentiary standard because a conviction could lead to prison time and other serious consequences.
What is the Burden of Proof in a Divorce Case?
Anyone who has watched Law and Order or other legal shows knows that in criminal cases a defendant is presumed innocent until the government proves his guilt beyond reasonable doubt. This is the highest standard of proof in our justice system.
A different standard of proof is required in divorce cases. This is known as the “preponderance of evidence” standard, which means that the alleging spouse must show their accusation with 51 percent certainty. Generally speaking this involves providing a great deal of documentation including all financial documents, property information such as deeds and appraisals, and witness testimony.
What is the Burden of Proof in a Tax Case?
The burden of proof in a tax case is generally on the taxpayer. It is important for taxpayers to know who bears the burden of proof and what standard applies.
The standard in tax cases is usually a preponderance of the evidence or clear and convincing evidence. It is important for taxpayers to understand what this means and to keep good records of their transactions. This will make it easier for them to meet the burden of proof in case they are challenged by the IRS.
What is the Burden of Proof in a Bankruptcy Case?
Bankruptcy is a remedy that allows individuals and organizations to reduce or eliminate debt, as well as to repay nondischargeable debt over time on terms more favorable to the borrower. It also allows debtors to reaffirm secured debt, such as debt that is backed by collateral like real estate or personal property like vehicles, even though this may result in the loss of some or all of the asset’s value.
In bankruptcy cases, when courts refer to burdens of proof, they often mean traditional tax burden-of-proof standards.