The Criminal Court ( th, ศาลอาญา; ; ) is a Thai
court of justice of
first instance
A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually made by higher courts with the power of appellate review (appellate courts). Mos ...
responsible for the application of
criminal law
Criminal law is the body of law that relates to crime. It prescribes conduct perceived as threatening, harmful, or otherwise endangering to the property, health, safety, and moral welfare of people inclusive of one's self. Most criminal law i ...
in
Bangkok
Bangkok, officially known in Thai language, Thai as Krung Thep Maha Nakhon and colloquially as Krung Thep, is the capital and most populous city of Thailand. The city occupies in the Chao Phraya River delta in central Thailand and has an estima ...
. The court is located on
Ratchadaphisek Road
Ratchadaphisek Road ( th, ถนนรัชดาภิเษก, ) is a major road in Bangkok, Thailand. Conceived in 1971 and opened in 1976, it connects earlier portions including Asok Montri, Wong Sawang and Charan Sanitwong Roads to for ...
and is colloquially called "Ratchada Criminal Court" (ศาลอาญารัชดาฯ).
Background
During
Sukhothai Kingdom
The Sukhothai Kingdom ( th, สุโขทัย, , IAST: , ) was a post-classical Thai kingdom (mandala) in Mainland Southeast Asia surrounding the ancient capital city of Sukhothai in present-day north-central Thailand. The kingdom was fo ...
,
Ayutthaya Kingdom
The Ayutthaya Kingdom (; th, อยุธยา, , IAST: or , ) was a Siamese kingdom that existed in Southeast Asia from 1351 to 1767, centered around the city of Ayutthaya, in Siam, or present-day Thailand. The Ayutthaya Kingdom is conside ...
and the initial period of
Rattanakosin Kingdom, the judicial service was part of the executive service. King
Chulalongkorn
Chulalongkorn ( th, จุฬาลงกรณ์, 20 September 1853 – 23 October 1910) was the fifth monarch of Siam under the House of Chakri, titled Rama V. He was known to the Siamese of his time as ''Phra Phuttha Chao Luang'' (พร ...
later launched an administrative reform by which the courts competent to deal with criminal cases in Bangkok, that is, the Metropolitan Court (ศาลนครบาล) and the Outer Criminal Court (ศาลอาญานอก), were consolidated into a Royal Criminal Court (ศาลพระราชอาชญา). The Royal Criminal Court sat at the Military Registration Hall (หอสัสดี) within the
Front Palace
Krom Phra Ratchawang Bowon Sathan Mongkhon , colloquially known as the Front Palace ( th, วังหน้า, ), was the title of the ''uparaja'' of Siam, variously translated as "viceroy", "vice king" or "Lord/Prince of the Front Palace", as ...
.
In 1935, a Statute of the Courts of Justice was promulgated and renamed the Royal Criminal Court to the Criminal Court.
In 1941, the Criminal Court moved its seat to a building newly constructed on
Rachini Road
250px, Khlong Khu Mueang Doem (''old moat city canal''), or familiarly known as Khlong Lot (''tube canal'') in the phase near Supreme Court, Atsadang Road (left) and Rachini Road (right).
Rachini Road ( th, ถนนราชินี, ) is a road ...
near the Petty Crimes Division (กองลหุโทษ) of the
Corrections Department,
Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry.
Lists of current ministries of justice
Named "Ministry"
* Ministry of Justice (Abkhazia)
* Ministry of Justice (Afghanistan)
* Ministry of Just ...
, in
Phra Nakhon District.
On 25 March 1992, the Criminal Court again moved to a new building on Ratchadaphisek Road in
Chatuchak District.
Jurisdiction
Jurisdiction ratione materiae
According to the ''Statute of the Courts of Justice, 2543 BE (2000)'', the Criminal Court has the jurisdiction ratione materiae (jurisdiction by reason of matters) over all criminal offences committed or believed to have been committed within
its territory. However, these offences must be punishable by
imprisonment
Imprisonment is the restraint of a person's liberty, for any cause whatsoever, whether by authority of the government, or by a person acting without such authority. In the latter case it is "false imprisonment". Imprisonment does not necessari ...
for more than three years, a
fine
Fine may refer to:
Characters
* Sylvia Fine (''The Nanny''), Fran's mother on ''The Nanny''
* Officer Fine, a character in ''Tales from the Crypt'', played by Vincent Spano
Legal terms
* Fine (penalty), money to be paid as punishment for an offe ...
of more than sixty thousand
baht
The baht (; th, บาท, ; currency sign, sign: ฿; ISO 4217, code: THB) is the official currency of Thailand. It is divided into 100 ''satang'' (, ). The issuance of currency is the responsibility of the Bank of Thailand. Society for Worldw ...
or both.
The offences liable to lower penalties fall within the jurisdiction of
municipal courts State court may refer to:
Courts of constituent states of English-speaking federated states
* State court (United States)
* Judiciary of Australia#State and territory courts
Courts of English-speaking unitary states
* State Courts of Singapore
N ...
.
Jurisdiction ratione tertiis
Under the ''Statute of the Courts of Justice, BE 2543 (2000)'', the Criminal Court has the jurisdiction ratione tertiis (jurisdiction by reason of territory) over sixteen
districts of Bangkok
Bangkok is subdivided into 50 districts (''khet'', , , also sometimes wrongly called ''amphoe'' as in the other provinces, derived from Pali ''khetta'', cognate to Sanskrit ''kṣetra''), which are further subdivided into 180 subdistricts (''khwa ...
:
#
Bang Kapi District
Bang Kapi ( th, บางกะปิ, ) is one of the 50 districts (''khet'') of Bangkok, Thailand. It is bounded by other Bangkok districts (from north clockwise): Bueng Kum, Saphan Sung, Prawet, Suan Luang, Huai Khwang, Wang Thonglang, and ...
,
#
Bang Khen District (Anusawari Subdistrict only),
#
Bang Sue District,
#
Bueng Kum District
Bueng Kum ( th, บึงกุ่ม, ) is one of the 50 districts (''Khet'') of Bangkok, Thailand. From north clockwise, it is bounded by Bang Khen, Khan Na Yao, Saphan Sung, Bang Kapi, and Lat Phrao.
History
Bueng Kum was separated from B ...
,
#
Chatuchak District,
#
Din Daeng District
Din Daeng ( th, ดินแดง, ) is one of the 50 districts (''khet'') of Bangkok, Thailand. Its neighbours, clockwise from north, are Chatuchak, Huai Khwang, Ratchathewi, and Phaya Thai.
History
The district was created in 1993, when the ...
,
#
Don Mueang District,
#
Dusit District,
#
Huai Khwang District
Huai Khwang ( th, ห้วยขวาง, ) is one of the 50 districts (khet) of Bangkok, Thailand. It is east of the city centre. Neighbouring districts are Chatuchak, Wang Thonglang, Bang Kapi, Suan Luang, Watthana, Ratchathewi, and Din D ...
,
#
Lak Si District,
#
Lat Phrao District (Lat Phrao Subdistrict only),
#
Phaya Thai District,
#
Phra Nakhon District,
#
Ratchathewi District
Ratchathewi ( th, ราชเทวี, ) is a district in central Bangkok, Thailand. Clockwise from the north, its neighboring districts are Phaya Thai, Din Daeng, Huai Khwang, Watthana, Pathum Wan and Dusit.
History
The district was part o ...
,
#
Sai Mai District
Sai Mai ( th, สายไหม, ) is one of the 50 districts (''khet'') of Bangkok, Thailand. It is bounded by (from north clockwise): Lam Luk Ka district of Pathum Thani province; Khlong Sam Wa, Bang Khen and Don Mueang of Bangkok. As of ...
(Khlong Thanon Subdistrict only), and
#
Wang Thonglang District.
Under the Criminal Code, the Criminal Court and all other courts of criminal jurisdiction also have the jurisdiction ratione tertiis over all places outside Thailand, subject to the conditions set forth therein.
Special jurisdiction
Although an offence is not committed within its territory, the Criminal Court is competent to handle the offence for the sake of convenience, if the offender resides, is domiciled or is arrested in one of the mentioned districts of Bangkok or if the inquiry is conducted therein.
Moreover, the ''Statute of the Courts of Justice, 2543 BE (2000)'', allows any offence to be brought to the Criminal Court, even though it does not meet both the criteria of territory and the criteria of convenience. But the Criminal Court is competent to exercise its discretion as to whether it should accept to address such offence.
Procedure
The procedural activities of the Criminal Court are mainly regulated by the ''Statute of the Courts of Justice, 2543 BE (2000)'', as well as the Code of Criminal Procedure. The Code of Criminal Procedure, section 15, states that if nothing in the code is applicable to any procedural activity, the Code of Civil Procedure applies thereto in so far as possible.
The ''Statute of the Courts of Justice, 2543 BE (2000)'', section 2, defines the Criminal Court as a court of first instance and, section 26, requires that its
quorum
A quorum is the minimum number of members of a deliberative assembly (a body that uses parliamentary procedure, such as a legislature) necessary to conduct the business of that group. According to ''Robert's Rules of Order Newly Revised'', the ...
be constituted by at least two judges.
The Code of Criminal Procedure, section 184, prescribes that a decision of the court is based upon a majority of votes of the judges constituting the quorum. If such majority cannot be reached because there are two or more conflicting opinions amongst those judges, section 184 provides that the opinion most favourable to the defendant prevails.
Pursuant to the Code of Criminal Procedure, section 193, the decisions of the Criminal Court can be appealed to the
Court of Appeal
A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of t ...
which is a
court of second instance
A court is any person or institution, often as a government institution, with the authority to adjudicate legal disputes between parties and carry out the administration of justice in civil, criminal, and administrative matters in accordance ...
.
Administration
Overview
The officers of the Criminal Court are divided into two types:
judicial officer
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
s and
administrative officer
His Majesty's Home Civil Service, also known as His Majesty's Civil Service, the Home Civil Service, or colloquially as the Civil Service is the permanent bureaucracy or secretariat of Crown employees that supports His Majesty's Government, which ...
s. The judicial officers are formally called the "court of justice judicial officers" (ข้าราชการตุลาการศาลยุติธรรม) and the administrative officers, the "court of justice administrative officers" (ข้าราชการศาลยุติธรรม). The judicial officers deal with judicial affairs of the court, whilst the administrative officers handle administrative affairs of the court (providing support to the judicial affairs).
Judicial service
Presidency
The judicial officers are led by the presidency of the court consisting of one judicial officer called "President of the Criminal Court" (อธิบดีผู้พิพากษาศาลอาญา) and another judicial officer called "Vice President of the Criminal Court" (รองอธิบดีผู้พิพากษาศาลอาญา). If necessary, the ''Statute of the Courts of Justice, 2543 BE (2000)'', allows the appointment of more than one but no more than three vice presidents.
Divisions
The judicial service of the court is divided into divisions (แผนก).
Each division consists of thirteen chambers (คณะ). Each chamber consists of at least two judges. Cases brought to the court are assigned to the responsible chambers. A judge of one chamber may also be a member of another chamber.
Administrative service
The administrative officers of the Criminal Court are attached to the Criminal Court Administrative Office (สำนักอำนวยการประจำศาลอาญา). The office is led by one administrative officer called "Director of the Criminal Court Administrative Office" (ผู้อำนวยการสำนักอำนวยการประจำศาลอาญา) who is supervised by the Criminal Court presidency.
The office is divided into six sections:
# Assistant Section (ส่วนช่วยอำนวยการ),
# Financial Section (ส่วนคลัง),
# Public Relations Section (ส่วนบริการประชาชนและประชาสัมพันธ์),
#
Case Management Section (ส่วนจัดการงานคดี),
#
Proceeding
In academia and librarianship, conference proceedings is a collection of academic papers published in the context of an academic conference or workshop. Conference proceedings typically contain the contributions made by researchers at the conferen ...
s Support Section (ส่วนช่วยพิจารณาคดี), and
# Dispute Settlement and Rights Protection Section (ส่วนไกล่เกลี่ยและประนอมข้อพิพาทและคุ้มครองสิทธิ).
Seal
The Criminal Court adopts as its seal the
National Coat of Arms
A national coat of arms is a symbol which denotes an independent state in the form of a heraldic achievement. While a national flag is usually used by the population at large and is flown outside and on ships, a national coat of arms is normally c ...
created in 1873 by King Chulalongkorn. The seal is affixed to all judgments and orders of the court.
Cultural references
* The Criminal Court is featured in a popular
urban-style song, "Chu Thang Chai" (ชู้ทางใจ; "Adultery in Mind"), originally recorded by Thanin Inthrathep (ธานินทร์ อินทรเทพ) and later covered by many artists. The song speaks about a man who has
one-sided love
Unrequited love or one-sided love is love that is not openly reciprocated or understood as such by the beloved. The beloved may not be aware of the admirer's deep and pure affection, or may consciously reject it. The Merriam Webster Online Dic ...
towards a married woman but feels that his love is a crime. He then confesses before the Criminal Court, hoping that the court would give him light penalties as the adultery is just committed in mind.
* The bend of
Ratchadaphisek Road
Ratchadaphisek Road ( th, ถนนรัชดาภิเษก, ) is a major road in Bangkok, Thailand. Conceived in 1971 and opened in 1976, it connects earlier portions including Asok Montri, Wong Sawang and Charan Sanitwong Roads to for ...
opposite to the Criminal Court is a place with a large
banyan
A banyan, also spelled "banian", is a fig that develops accessory trunks from adventitious prop roots, allowing the tree to spread outwards indefinitely. This distinguishes banyans from other trees with a strangler habit that begin life as a ...
tree and a
spirit house
A spirit house is a shrine to the protective spirit of a place that is found in the Southeast Asian countries of Burma, Cambodia, Laos, Thailand, Malaysia, Indonesia, Vietnam and the Philippines. The spirit house is normally in the form of smal ...
, where car accidents often take place. It has been called the "Curve of Hundred Corpses".
References
External links
Official website{{in lang, th
Judiciary of Thailand
Legal history of Thailand
Organizations based in Bangkok
Courts and tribunals with year of establishment missing