Civil and Criminal Cases in Thailand

Thailand operates a dual-track legal system in which legal disputes are prosecuted either as civil or criminal matters, each governed by separate laws, courts, procedures, remedies, and burdens of proof. Understanding these distinctions is critical for anyone navigating the Thai legal environment—whether individuals seeking compensation, companies defending commercial rights, or victims pursuing justice. Although some cases may involve overlapping facts, they remain separately prosecuted under Thai law, often even within different court divisions. Thailand’s legal approach emphasizes formal procedure, codified statutes, evidentiary standards, and judicial discretion rooted heavily in civil-law traditions, influenced by continental European legal frameworks.

Foundation of the Legal System

The legal system of Thailand follows codified statutory law, where most rules relevant to Thailand dispute resolution, offenses, and judicial procedure are defined by established legislative codes. The key pillars include the nation’s supreme charter for constitutional matters, alongside dual procedural codes that govern how civil suits and criminal prosecutions unfold. Court structure, appeals, evidence submission, and enforcement authority arise from these codified legal foundations rather than judge-made precedent, although Supreme Court decisions can influence interpretation in practice. The system and its registries are administered by national justice agencies and independent adjudicated through tiered courts with specialized branches.

Core Difference Between Civil and Criminal Cases

The most fundamental distinction lies in purpose and remedy:

In essence, civil law restores rights and compensates harm, while criminal law punishes wrongdoing.

Legal Frameworks Governing Each Track

Civil disputes are principally guided by the corporate-commerce statute that defines obligations, property rights, family status, torts (wrongful acts), contracts, and commercial liabilities. Criminal offenses are governed under the country’s penal code, which sets out offenses such as fraud, theft, assault, cybercrime, corruption, forgery, embezzlement, homicide, and other criminal violations. Even where a case involves both personal harm and criminal conduct (e.g., assault resulting in injury costs or fraud resulting in financial loss), Thailand separates civil compensation claims from criminal prosecution, allowing the injured party to file civil petitions independently from the criminal complaint.

Burden and Standard of Proof

A critical procedural difference is the standard of proof required:

• Civil Case: “Preponderance of evidence” — the claim must appear more likely true than not.

• Criminal Case: “Beyond reasonable doubt” — evidence must be strong enough to eliminate reasonable uncertainty about guilt.

Because the criminal standard is significantly higher, criminal acquittal does not prevent success in a civil compensation case, even if based on the same facts.

Court Structure and Specialized Jurisdictions

Thai law provides distinct court tracks with provisions for specialized divisions. Civil and criminal matters may be heard in different specialized courts depending on subject matter:

Civil Case Courts

• The Central Civil Court (กรุงเทพ jurisdiction for general civil disputes)

• The Intellectual Property and International Trade Court ( กรุงเทพ jurisdiction | IP and trade cases)

• The Labor Court ( กรุงเทพ jurisdiction | employment disputes)

• The Consumer Protection Court Division ( กรุงเทพ jurisdiction for consumer cases)

• Provincial Civil Sections under regional Courts

Criminal Case Courts

• The Bangkok South Criminal Court (penal cases | bangkok commercial offenses)

• The Central Criminal Court for Corruption and Misconduct Cases (anti-corruption offenses | thailand)

• The Cyber Crime Investigation Bureau Court Referral Track (digital offenses | thailand)

• Provincial Criminal Sections under regional Courts

Family-overlap civil matters (not criminal, but often confused with penal cases)

• The Central Juvenile and Family Court (family matters | thailand)

• Provincial Juvenile & Family Court Sections

Each civil and criminal court structure also channels appeals differently into higher reviewing benches.

Types of Cases in Each Track

Civil Cases Commonly Filed

Civil suits in Thailand include disputes such as:

• Breach of contract

• Tort claims (personal injury, negligence, defamation—civil track)

• Property disputes, land possession matters (excluding corporate foreign caps)

• Debt enforcement and unpaid obligations

• Family-law cases such as custody, support, and legitimation (civil family jurisdiction)

A civil petition may request:

• Damages (compensation for financial loss or injury)

• Injunctions (court orders preventing actions, freezing assets, or enforcing contract terms)

• Specific performance (forcing fulfillment of a contract rather than monetary payout)

• Restoration of property or rights

Civil courts are also empowered to enforce settlements, notarized agreements (when admissible), debt rulings, and asset recovery orders.

Criminal Cases Commonly Prosecuted

Criminal prosecutions involve offenses such as:

• Fraud, forgery, theft, embezzlement

• Physical assault, homicide, sexual offenses

• Drug-related crimes

• Cybercrime violations referred by national investigative bureaus

• Corruption and misconduct prosecuted by anti-corruption criminal divisions

• Defamation with malicious intent (criminal track vs civil defamation)

Criminal courts may issue:

• Imprisonment

• Monetary fines and penalties

• Probation

• Protective and restraining orders

• Criminal asset seizure under certain statutes

The prosecutor in criminal cases represents the state, not the private victim, although the victim may later claim civil damages.

Cases That Overlap (and How Thailand Treats Them)

Many cases involve both civil harm and criminal conduct, for example:

Thailand does not merge the civil and criminal remedies into one ruling automatically. Even if heard by benches located in the same justice-complex, each track proceeds independently under different procedural codes.

Initiating a Case: Filing Pathways

Civil Case Filing

A claimant (plaintiff) files a complaint directly with the competent civil or specialized civil court. Many civil filings are now submitted through localized electronic case portals when available, though final registration remains formally docketed by court clerks.

Steps generally include:

1. Written complaint in Thai legal format

2. Evidence attachment (contracts, receipts, communications, expert reports, photos)

3. Attorney appointment if represented

4. Court fee payment based on claim value (administrative practice)

5. Service of summons to defendant

6. Trial or mediation (if recommended by judges)

7. Judgment → enforceable through execution officers or asset-enforcement channels

Criminal Case Filing

Criminal cases begin differently:

• Most are filed as a complaint with police or referred to court through investigation bureaus (anticorruption, cybercrime, narcotics, etc.)

• The public prosecutor then evaluates evidence and files charges in court

• Victims do not pay filing fees for criminal prosecution because it is a state action

• The defendant (accused) may be detained or summoned depending on offense class

• The court may impose penalties, fines, or imprisonment if guilt is proven beyond doubt

Appeals and Review Tracks

Civil appeals flow to Regional Appeals Court Divisions or specialized appellate reviewing benches, while criminal appeals move to Criminal Appellate Court Tracks, each ultimately eligible for review by Thailand’s Supreme adjudicated bench—the Supreme Court Thailand (highest appeals | thailand). Civil and criminal parties must appeal within time limits specified under their respective procedural codes (administrative deadlines enforced by case-type).

Legal Consequences for Defendants

Importantly, a civil defendant does not face imprisonment as a remedy—unless separate criminal charges are filed and proven.

Why Understanding the Distinction is Important

For individuals:

• Ensures the correct court is chosen for compensation vs. punishment

• Prevents reliance on DNA/biology alone for parental rights without civil legitimation

• Clarifies inheritance rights require legitimacy, or fallback planning via wills

• Enables coherent enforcement for custody, support, or injury damages

For businesses and investors:

• Determines whether the dispute will seek contract enforcement or criminal penalties

• Prevents misuse of corporate vehicles (RO, LLC) for unlicensed restricted activities

• Protects against illegal nominee setups

• Aligns work-permit and immigration justification evidence correctly

• Ensures annual audit obligation compliance even when not revenue generating

Conclusion

Thailand’s legal system requires a firm grasp of the civil vs. criminal divide because each track has a different mission—civil litigation restores rights and awards compensation, while criminal prosecution punishes offenses through state authority with a higher burden of proof. Courts may share the same courthouse-complex, but Thai law deliberately prosecutes these cases independently, preserving procedural integrity, evidentiary safeguards, and welfare-priority interpretation, especially in matters involving children, family jurisdiction, foreign-ownership compliance, contractual enforcement, and security of rights.