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Today on behalf of our friends at Issan Lawyers we take a look at five major differences between the Thai legal system and most Western legal systems. These are significant in many cases especially for expat readers who may not be aware.
1. **Legal Tradition**:
– **Thailand**: The Thai legal system is primarily based on civil law, which means it relies heavily on written statutes and codes.
– **Western Countries**: Most Western legal systems, such as those in the United States, the United Kingdom, and many European countries, follow the common law tradition. Common law relies on judicial decisions (case law) as well as statutes.
2. **Jury System**:
– **Thailand**: Unlike Western countries, Thailand does not have a jury system. Legal disputes are decided by judges or panels of judges.
– **Western Countries**: In Western legal systems, juries play a crucial role in both criminal and civil cases. Jurors evaluate evidence, listen to witnesses, and deliver verdicts.
3. **Defamation Laws**:
– **Thailand**: Defamation is treated as a **criminal offense** in Thailand. Depending on the severity, it can lead to imprisonment, fines, or both.
– **Western Countries**: In the West, defamation is typically a civil matter, where individuals can sue for damages. Criminal charges for defamation are rare and truth is often a valid defence against defamation.
Defamation in Thailand does not always necessarily rely on if something is true or not, but if it was released in front of an unrelated third party (Yes, this includes posting online) in an attempt to “name and shame” or bringing “hate” to a person or business. This is a significant difference from the west and has got many westerners unaware of the difference in trouble.
4. **Influence of Supreme Court Decisions**:
– **Thailand**: The Thai legal system considers Supreme Court decisions as persuasive authority in lower court cases. These decisions guide judges but are not legally binding.
– **Western Countries**: Western common law systems place significant importance on precedent set by higher courts. Lower courts are generally bound by decisions of higher courts.
5. **Sources of Law**:
– **Thailand**: Sources of Thai law include the Constitution, codified laws, administrative regulations, international treaties, and judicial decisions.
– **Western Countries**: Western legal systems rely on statutes, case law, and constitutional provisions. Precedent from higher courts significantly shapes legal interpretation.
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