Generally legal system of each country is different. Mainly 2 systems are applied i.e. Inquisitorial System and Accusatorial System. Many countries like UK, USA, New Zealand, Canada and those countries that apply the Common Law also apply “Accusatorial System”.
Thailand also applies Accusatorial System into its legal system. Therefore, Thailand has legal system and practice that looks similar to the above mentioned countries. If there is any difference, it may be just only the part concerning process, proceeding or procedure. For instance, the trial of Thai court is significantly different from U.S. Court as Thai does not require the juror to involve with the trial but U.S. Court requires. The most important parts for the trial in Thailand are the complaint of plaintiff and pleading of defendant regardless it is the civil or criminal case.
Whichever legal system applies in whichever country, the legal liabilities are divided into 2 nature categories i.e. civil liability and criminal liability.
Civil Liability: is the case concerning the claim of damage or the claim for undertaking or refraining from any action.
Criminal Liability: is the case where the law prohibits committing any offense. When a person violates, such person shall be sentenced by law such as fine, detention, custody and capital punishment.
It can be seen that there are differences between civil liability and criminal liability i.e. civil liability is established by the court order or ruling that the wrongdoer pays compensation or to undertake or refrain from any action by aiming at property as importance. Criminal liability is the case where the law stipulates the punishment by aiming to punish the offender regardless of the offense that occurs with or without intention or by negligence by having objective for the offender to be pertinent with such performed action and not to commit any other offence. In some cases, the offender is sentenced by the court for a fine payment and if the offender is not able to pay the fine as per judgment, such offender must be under detention instead of paying the fine until completing full amount of fine or until the find has been paid in full amount. The law of Kingdom of Thailand stipulates that the detention in lieu of fine is 200 Baht per day.
In addition to the above, if a person is prosecuted in a criminal case as an accused, offender or defendant, it is very difficult than being prosecuted in a civil case. This is because the criminal liability involves with the freedom of offender or defendant as well as the daily living that will not be normal any more, which is detailed as below.
In criminal proceedings, the injured person by a criminal offense can take prosecution by 2 following ways.
- The injured person files lawsuit on his/her own with the court. Then the court will inquire the ground (preliminary examination) whether or not to receive or reject the complaint. If the court receives the complaint, the offender will have to plead at court and apply for the provisional release (bail). The court may release the accused (defendant) by fixing security amount or not. In general, if the accused (defendant) is a foreigner, the guarantee must be provided. The court will also withhold the passport in order to prevent the escape.
- The injured person files a complaint and provides allegation made against alleged offender to the inquiring officer (police). Then the inquiring officer (police) begins the investigation process. If an offense has occurred, the accused will be summoned for an investigation. When the accused appears, the inquiring officer notifies about the accusations and takes the accused into custody during the investigation and preparation of evidences for taking further action. At this process, the accused may request for a provisional release (bail) with the inquiring officer or court (in case the inquiring officer already made a committal).
As mentioned above, if you as a tourist has to encounter legal problem whether as an injured person or accused especially in criminal case, you will off course also encounter with the difficulties. This is because the primary consequences of said problem are:
(a) How will you acknowledge your rights under the law?
(b) How will you find an attorney to provide attorney and assistance especially during night time or holiday?
(c) How much is the fee of attorney?
(d) How can you find an attorney who can communicate accurately and correctly?
(e) If a bail is required, where can you promptly find security or guarantee on time? Who will be the guarantor that you can trust and rely on?
(f) Who will act as representative for negotiation if another party claims for damage against you?
(g) Who will act as representative in handling the case for you until achievement if it is necessary for you to get back to home country.?
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