ANNUAL STATISTICAL REPORT 2022 O F F I C E O F T H E J U D I C I A R Y O F F I C E O F P L A N N I N G A N D B U D G E T H T T P S : / / O P P B . C O J . G O . T H / T H E C O U R T O F J U S T I C E T H A I L A N D (B.E. 2565)
ANNUAL STATISTICAL REPORT 2022 O F F I C E O F T H E J U D I C I A R Y O F F I C E O F P L A N N I N G A N D B U D G E T H T T P S : / / O P P B . C O J . G O . T H / T H E C O U R T O F J U S T I C E T H A I L A N D (B.E. 2565)
ANNUAL STATISTICAL REPORT 2022 (B.E. 2565) First printing edition September 2023. Copyright © 2023 Office of the Judiciary, Thailand. All rights reserved. No part of this publication may be reproduced, distributed, or transmitted in any form or by any means, including photocopying, recording, or other electronic or mechanical methods, without the prior written permission of the publisher, except in the case of brief quotations embodied in critical reviews and certain other noncommercial uses permitted by copyright law. For permission requests, write to the publisher, addressed “Attention: Permissions Coordinator,” at the address below. ISBN: 978-616-439-078-2 (e-Book) Office of the Judiciary, Thailand Published by Office of Planning and Budget. Office of the Judiciary, Thailand Ratchadapisek Road. Chatuchak. Bangkok 10900 Tel: +662-541-2344 Email: [email protected] https://oppb.coj.go.th
The Annual Statistical Report 2022 (B.E. 2565) of the Court of Justice of Thailand is a compilation of judicial statistics derived from courts under the Court of Justice nationwide, including the Supreme Court, appellate courts, and courts of first instance throughout the kingdom. The purpose of this report extends beyond the mere provision of statistical data. It offers a valuable resource for administration, study, analysis, and research. In addition to the statistical insights, those reading this publication will find other intriguing aspects related to the works undertaken by the Court of Justice, which further enriches the report's value. It offers a comprehensive understanding of a specific aspect within Thai society that is directly linked to the country's justice system. Moreover, it holds the potential to significantly contribute to the resolution of various social problems to a certain extent. Furthermore, readers will gain understanding of the judiciary system's performance, trends, and noteworthy developments during the year 2022. The Office of the Judiciary would like to extend its heartfelt appreciation to all the courts and administrative offices spanning from Region I to Region IX of the Court of Justice, as their unwavering cooperation has played an integral role in the successful achievement of the desired outcome. In conclusion, the Office of the Judiciary hopes that this report has immense value for all readers, regardless of their professional background whether the reader is a legal professional, researcher, policymaker, or simply an individual interested in the field, the office believes this report will serve as a valuable asset, providing relevant information and facilitating informed decisionmaking. Office of the Judiciary
VISION MISSION 7 THAI JUDICIAL SYSTEM 8 THAI JUDICIAL SYSTEM CHART 9 YEAR 2021 vs 2022 11 CIVIL AND CRIMINAL LITIGATION 12 TIME TO DISPOSITION 13 DURATION OF CASE PENDING 14 AMOUNT IN DISPUTE 15 APPLICATION FOR PROVISIONAL RELEASE 16 DETERMINATION OF PUNISHMENT 17 JUVENILE AND FAMILY LAW 18 HUMAN TRAFFICKING IN THAILAND 19 MEDIATION 21 1.1 CASE FILED AND CASE DISPOSED OF 24 1.2 TOP 5 CAUSES OF ACTION AND OFFENCES IN NEW CASES 25 1.3 TYPES OF CASE IN CIVIL LITIGATION 26 1.4 TYPES OF CASE IN CRIMINAL LITIGATION 27
2.1 CASE FILED AND CASE DISPOSED OF 30 2.2 TOP 5 CAUSES OF ACTION AND OFFENCES IN NEW CASES 31 2.3 TYPES OF CASE IN THE COURT OF APPEAL 32 2.4 TYPES OF CASE IN THE COURTS OF APPEAL, REGION I – IX 33 2.5 TYPES OF CASE IN THE COURT OF APPEAL FOR SPECIALIZED CASES 33 3.1 TOP 5 CAUSES OF ACTION AND OFFENCES IN NEW CASES 37 3.2 COURTS OF FIRST INSTANCE NOT AFFILIATED TO REGIONAL OFFICES OF THE CHIEF JUSTICE 38 3.3 COURTS OF FIRST INSTANCE AFFILIATED TO REGIONAL OFFICES OF THE CHIEF JUSTICE 38 3.4 NEW CASES FILED WITH CIVIL COURTS 40 Online Sale Transaction Cases 41 3.5 NEW CASES FILED WITH CRIMINAL COURTS 42 3.6 NEW CASES FILED WITH CRIMINAL COURTS FOR CORRUPTION AND MISCONDUCT CASES 43 3.7 NEW CASES FILED WITH PROVINCIAL COURTS 44 3.8 NEW CASES FILED WITH KWAENG COURTS 45 3.9 NEW CASES FILED WITH JUVENILE AND FAMILY COURTS 46 SPECIALIZED COURTS 49 3.10 NEW CASES FILED WITH THE CENTRAL BANKRUPTCY COURT 50 3.11 NEW CASES FILED WITH THE CENTRAL TAX COURT 51 3.12 NEW CASES FILED WITH THE CENTRAL INTELLECTUAL PROPERTY AND INTERNATIONAL TRADE COURT 52 3.13 NEW CASES FILED WITH LABOUR COURTS 53
COURT OF JUSTICE, THAILAND 6 ANNUAL STATISTICAL REPORT 2022 Mr. Chotiwat Leaungprasert The 48th President of the Supreme Court Solidarity, Unity, and Public Service 1. Solidarity : To promote solidarity among court personnel, including judges, officials, employees, lay judges, mediators and those who work and coordinate with the Court of Justice with the emphasis on shared vision, teamwork, good working environment and welfare with the aim to increase the Court's efficiency and capacity to serve the public. 2. Unity: To fo s t e r o r g a n i z ati o n a l c u l t u r e t h at emphasizes on the unity of court personnel in serving the public with integrity, dedication, transparency and accountability to provide the standardized speediness, fairness and impartiality for all court processes and proceedings. 3. Public Service: To elevate the administration of justice and the protection of rights and liberty of the people by adopting the people-centered a p p r o a c h a n d s t r a t e g i c a l l y u ti l i z i n g technologies to enable the Court to serve justice to the public impartially, cost-efficiently, timely, with equal and ease of access in order to enhance and strengthen public trust and confidence in the Court of Justice.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 7 According to the 1997 Constitution, and the 2007 Constitution, the Courts of Justice have an independent secretariat, namely, the Office of the Judiciary headed by the Secretary - General who will report directly to the President of the Supreme Court. Appointment of the SecretaryGeneral of the Office of the Judiciary must be approved by the Judicial Commission. The President of the Supreme Court will be empowered to instate and proceed to the King for the Royal Command of Appointment. The Secretary-General of the Office of the Judiciary shall be appointed from a person who has been transferred from a judge. The Office of the Judiciary has autonomy in personnel administration, budget, and other activities as provided by law. It has its own staffs and is divided into several offices and divisions. Office of Information Technology, Alternative Dispute Resolution Office, Office of Judicial and Legal Affairs, and the Judicial Training Institute are also under the Office of the Judiciary. The work of the Office of the Judiciary concerning international judicial cooperation is under responsibility of Office of International Affairs. According to the Act on Judicial Administration of the Courts of Justice B.E. 2543 (2000), the Office of the Judiciary is an independent official organization having a status of a juristic person and has powers and duties regarding the administrative works of the Courts of Justice, the judicial affairs and the judicial technical affairs in order to support and facilitate the Courts of Justice as well as to ensure that trial and adjudication are expediently, speedily and efficiently carried out. VISION “The Court of Justice upholds the Rule of Law with trust and confidence from people.” MISSION 1. To administer justice distinctively with virtuous justice 2. To protect rights and liberties and reduce the inequality gap of people to enable fairness to be equally rendered 3. To develop the system of justice administration for a peaceful society and a sustainable economic and social development 4. To strengthen trust and confidence and participation of people in the work system of the Court of Justice to be internationally recognized
COURT OF JUSTICE, THAILAND 8 ANNUAL STATISTICAL REPORT 2022 The Court of Justice of Thailand is classified into three levels consisting of courts of first instance, appellate courts, and the Supreme Court (a.k.a. “Sarn Dika” in Thai). Courts of first instance are categorized as general courts, juvenile and family courts and specialized courts. The general courts are ordinary courts which have authorities to try and adjudicate criminal and civil cases. These general courts are : Civil Courts, Criminal Courts, Provincial Courts and Kwaeng Courts. Offices of regional Chief Justice together with their regional Administrative Offices of the Court of Justice headed by the Chief Justice of that region are responsible for the courts in the region. As a result, court management and administrative support services with respect to Provincial Courts, Kwaeng Courts and Juvenile and Family Courts in Regions I - IX are provided by the Regional Administrative Office of each region. The Court of Appeal handles an appeal against a judgment or order of Civil Courts and Criminal Courts. Meanwhile, Regional Courts of Appeal handle an appeal against a judgment or order of the other Courts of First Instance located within their regions. The Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 (2015) was enacted to facilitate judges with various expertise in adjudicating specialized cases with expediency and uniformity and conform to the new appeal and Dika appeal system for ordinary civil cases already amended by laws. The Act empowers the Court of Appeal for Specialized Cases to try and adjudicate cases appealed from specialized courts as follows: - The Central Intellectual Property and International Trade Court; - The Central Tax Court; - Labor Courts; - The Central Bankruptcy Court; - Juvenile and Family Courts. According to the promulgation of the Civil Procedure Code Amendment Act (No. 27) B.E. 2558 (2015) which has come into force since November 8, B.E. 2558 (2015), the Supreme Court shall have the power to consider whether cases submitted for the Dika appeal to the Supreme Court deserve the permission to appeal for the adjudication of the Supreme Court.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 9
COURT OF JUSTICE, THAILAND 10 ANNUAL STATISTICAL REPORT 2022 The Court of Justice of Thailand is classified into three levels: courts of first instance, appellate courts, and the Supreme Court. Cases under the jurisdiction of the Court of Justice are categorized as follows: civil case, consumer case, criminal case, bankruptcy case, tax case, intellectual property and international trade case, labor case, environmental case, election case, juvenile and family case, tourism case, corruption and misconduct case, etc. The statistical data in this annual report was collected from 274 courts: 262 courts of first instance, 11 appellate courts and the Supreme Court (the data is as of December 31, 2022). In 2015, Thailand implemented a significant change in its appeal system for civil cases, transitioning from the rights-based system to the permission-based system. Under Thai traditional law, parties had the right to appeal decisions made by the court of first instance to the appellate courts and further appeal the latter's decisions to the Supreme Court ("Sarn Dika" in Thai), whose decisions were ,then , final. However, because of the reform, parties are now required to obtain permission to appeal to the appellate courts and the Supreme Court. According to the Act (Act No.27) amending in the Civil Procedure Code, the Supreme Court hasthe authority to grant permission for a Dika appeal if it deems that the matter at hand is of significant importance and worthy of a decision. If the Supreme Court does not grant permission for the dika appeal, the judgment or order issued by the Court of Appeal will stand as final. This change ensures that the adjudication process of the Court of Justice is conducted effectively and fairly, with a focus on providing timely resolutions to all parties involved. Figure 1. Cases Filed and Cases Disposed of Nationwide in 10 Years In the ten-year period, as shown in Figure 1, there was a noticeable increase in cases from 2015 to 2016. Following that, the number of cases filed with the courts remained rather stable, ranging between 1.8 and 1.9 million cases annually. It reached its peak in 2018, with a record of 1,957,562 cases filed with the court and a total of 1,724,083 cases disposed of. Due to a virus outbreak discovered at the end of 2019 called the COVID-19 pandemic, the courts of first instance implemented a policy of adjourning hearings in order to address and contain the spread of virus. Consequently, there was a noticeable drop in the number of cases from 2020 to 2021. However, there was an apparent increase in the number of casesin 2022. This showsthat the judicial system is gradually and positively returning to normalcy. Court operations are resuming, and the caseloads are gradually returning to their usual levels. This encouraging development signifies a step towards the restoration of regular court proceedings. 1,957,562 500,000 1,000,000 1,500,000 2,000,000 2,500,000 2013 2014 2015 2016 2017 2018 2019 2020 2021 2022 case filed with the courts case disposed of
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 11 To highlight changes in case numbers and disposal rates, a comparison between the two years will be taken in the years 2021 to 2022 as shown in Figure 2. Case Filed: In 2021, there were 1,560,077 cases filed with the courts nationwide. In 2022, this number increased to 1,944,999 cases, representing an increase of 384,922 cases (+24.67%). Case Disposed of: In 2021, 1,194,792 cases were disposed of, accounting for 76.58% of the total cases filed. In 2022, the number of cases disposed of rose to 1,662,779, which corresponds to 85.49% of the total cases filed. This indicates a significant increase of 467,987 cases (+39.17%), from 2021 to 2022. Case Pending: The data shows that there were 365,285 cases pending in 2021 and 282,220 cases pending in 2022. This represents a decrease of approximately 83,065 cases (-22.74%) in the number of cases awaiting resolution during the period. Figure 2. Case Numbers and Disposal Rates in 2021 and 2022 year case filed case disposed of case disposed of (%) case pending 2021 1,560,077 1,194,792 76.58 365,285 2022 1,944,999 1,662,779 85.49 282,220 Overall, the data demonstrates that the courts experienced a higher caseload in 2022, but their efforts to expedite case disposition resulted in a higher percentage of cases resolved compared to the previous year’s. This improvement in case disposition rates may have contributed to a more effective and efficient justice system in handling the increased number of cases. Table 1. Number of Cases Classifiled by Levels of Thai Court Court Levels Case Filed Case Dispoed of Case Pending 2021 2022 +/- (%) 2021 2022 +/- (%) 2021 2022 +/- (%) The Supreme Court 8,870 7,681 -13.40 6,267 5,133 -18.09 2,603 2,548 -2.11 Appellate Courts 52,914 84,927 60.50 44,832 50,252 12.09 8,082 34,675 329.04 Courts of First Instance 1,498,293 1,852,391 23.63 1,143,693 1,607,394 40.54 354,600 244,997 -30.91 Total 1,560,077 1,944,999 24.67 1,194,792 1,662,779 39.17 365,285 282,220 -22.74 Table 1 presents a breakdown of cases across different levels of Thai courts for the years 2021 and 2022. The Supreme Court experienced a decrease in case filed in 2022, resulting in fewer pending cases. The court also managed to increase its disposal rate, contributing to the reduction in pending cases. The Appellate Courts experienced a notable surge in case filied in 2022. While there was an increase in dispositions, the rapid rise in case filings contributed to a significant increase in pending cases. The Courts of First Instance witnessed a considerable increase in both case filed and case disposed of in 2022. This surge in disposition led to a decrease in pending cases, despite the increased number of new cases. 0 500,000 1,000,000 1,500,000 2,000,000 2,500,000 case filed case disposed of case pending 2021 2022 +39% +25% -23%
COURT OF JUSTICE, THAILAND 12 ANNUAL STATISTICAL REPORT 2022 Civil litigation refers to legal disputes between persons, companies, or institutions in which one party (the plaintiff) seeks compensation or remedy from other party (the defendant) for a perceived harm or violation of rights. Civil litigation can involve a wide range of issues, including contract disputes, personal injury claims, property disputes, family law matters (e.g. divorces and child custody), and more. The objective of civil litigation is typically to obtain financial compensation, specific performance (fulfillment of a contract), or injunctions to prevent certain actions. Table 2. Civil Litigation Classified by Levels of Thai Court Court Levels Case Filed Case Disposition Case Pending 2021 2022 +/- (%) 2021 2022 +/- (%) 2021 2022 +/- (%) The Supreme Court 4,186 2,931 -29.98 2,895 1,992 -31.19 1,291 939 -27.27 Appellate Courts 17,470 21,705 24.24 15,136 17,400 14.96 2,334 4,305 84.45 Courts of First Instance 1,009,305 1,189,330 17.84 728,496 991,447 36.10 280,809 197,883 -29.53 Total 1,030,961 1,213,966 17.75 746,527 1,010,839 35.41 284,434 203,127 -28.59 Criminal litigation deals with cases where the state brings legal action against an individual or entity (the defendant) for violating a criminal law. The focus in criminal cases is on determining whether the accused is guilty of committing a crime. The objective of criminal litigation is to hold individuals accountable for breaking the law and, if found guilty, impose penalties such as fines, probation, imprisonment, or even capital punishment in some jurisdictions. Table 3. Criminal Litigation Classified by Levels of Thai Court Court Levels Case File Case Disposed of Case Pending 2021 2022 +/- (%) 2021 2022 +/- (%) 2021 2022 +/- (%) The Supreme Court 4,684 4,750 1.41 3,372 3,141 -6.85 1,312 1,609 22.64 Appellate Courts 35,444 63,222 78.37 29,696 32,852 10.63 5,748 30,370 428.36 Courts of First Instance 488,988 663,061 35.60 415,197 615,947 48.35 73,791 47,114 -36.15 Total 529,116 731,033 38.16 448,265 651,940 45.44 80,851 79,093 -2.17 In conclusion, a total of 1,944,999 cases were filed with the Court of Justice of Thailand in 2022 (as indicated in Table 1). Among these cases, 62% were civil litigation, accounting for 1,213,966 cases, while criminal litigation accounted for 731,033 cases, as evident from the data presented in Tables 2 and 3. Notably, both categories of litigation witnessed an increase: civil litigation observed a growth of 17.75%, and criminal litigation experienced a rise of 38.16% compared to the previous year. Despite the increase in case filed shown in Thai courts during 2022, the courts also reported an improved disposition rate. Civil litigation increased by 35.41%, while criminal litigation increased by 45.44%. This improvement resulted in a decrease in pending cases for both categories of litigation: a reduction of 28.59% for civil litigation and a reduction of 2.17% for criminal litigation (as shown in Tables 2 and 3).
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 13 Time to disposition plays a crucial role in the judicial system as it shows how long it takes for a case to be resolved within the court process. Timeliness data is valuable as it allows the court to assess its performance by examining the success of courts in processing cases on time. Table 4. Duration of Disposition. Courts Shorter than 1 Mth Over 1 Mth to 3 Mths Over 3 Mths to 6 Mths Over 6 Mths to 1 Yr Over 1 Yr to 2 Yrs Over 2 Yrs to 3 Yrs Over 3 Yrs to 4 Yrs Over 4 Yrs to 5 Yrs Longer than 5 Yrs Total The Supreme Court 14 314 2,109 2,260 412 24 0 0 0 5,133 Appellate Courts 5,765 28,039 13,989 2,277 178 4 0 0 0 50,252 Courts of First Instance: Civil Courts 3,168 31,647 26,650 9,136 9,236 1473 138 23 11 81,482 Criminal Courts 13,994 2,762 2,052 3,137 3377 718 108 17 9 26,174 Criminal Courts for Corruption and Misconduct Cases 50 203 370 650 426 62 5 0 0 1,766 Kwaeng Courts in Region I-IX 198,361 199,394 55,511 28,340 15,119 600 20 0 0 497,345 Provincial Courts in Region I-IX 336,401 406,021 111,661 57,568 30,054 2507 151 1 0 944,364 Juvenile and Family Courts 5,429 17,972 4,015 1,697 875 111 5 0 0 30,104 Central Bankruptcy Court 85 3,737 1,645 1,452 792 177 7 0 0 7,895 Central Intellectual Property and International Trade Court 920 169 264 341 384 82 9 2 0 2,171 Central Tax Court 1 9 51 56 75 26 0 0 0 218 Labour Courts 764 4,043 2,652 2,572 5,599 243 2 0 0 15,875 Total Courts of First Instance 559,173 665,957 204,871 104,949 65,937 5,999 445 43 20 1,607,394 Grand Total 564,952 694,310 220,969 109,486 66,527 6,027 445 43 20 1,662,779 Table 4 shows time to disposition, which is the length of time taken by courts to resolve cases within established time frames. In the high courts—the Supreme Court and the appellate courts—around 90% of cases disposed of were settled within a year. For the Supreme Court, it typically takes "over 6 months to 1 year" to finish a case, which is 2,260 cases (44% of the total of 5,133 cases), while the appellate courts mostly need "over 1 month to 3 months", which covers 28,039 cases (56% of the total of 50,252 cases) to resolve a case. In parallel, within the courts of first instance, about 95% of cases are completed within a year. Almost half of these cases, which are 665,957 cases(41% of the total of 1,607,394 cases), are resolved in "over 1 month to 3 months". Additionally, it is important to highlight the courts that demonstrated advanced case resolution: the Criminal Courts, accounting for 13,994 cases (53% of the total of 26,174 cases), and the Central Intellectual Property and International Trade Court, accounting for 920 cases (42% of the total of 2,171 cases). The aforementioned statistic indicated the courts’ capacity to finish cases within "shorter than 1 month".
COURT OF JUSTICE, THAILAND 14 ANNUAL STATISTICAL REPORT 2022 The accumulation of cases that have been filed but not yet resolved contributes to the high volume of pending caseloads at the courts. The duration of pending cases can indicate which cases are drawing near or exceeding the suggested timeframes within the court process. Assessing pending caseloads is essential because these are the oldest cases listed in the court's schedule that are still awaiting adjudication or disposition. Table 5. Duration of Pending Courts Shorter than 6 Mths Over 6 Mths to 1 Yr Over 1 Yr to 2 Yrs Over 2 Yrs to 3 Yrs Over 3 Yrs to 4 Yrs Over 4 Yrs to 5 Yrs Longer than 5 Yrs Total The Supreme Court 1,918 499 124 7 0 0 0 2,548 Appellate Courts 34,148 492 34 1 0 0 0 34,675 Courts of First Instance: Civil Courts 19,874 2,627 2,113 823 146 36 4 25,623 Criminal Courts 3,651 1,448 1247 363 75 13 12 6,809 Criminal Courts for Corruption and Misconduct Cases 749 543 172 22 2 0 0 1,488 Kwaeng Courts in Region I-IX 52,739 2,241 1,013 221 6 2 0 0 Provincial Courts in Region I-IX 122,409 11,396 5,096 999 67 0 6 139,973 Juvenile and Family Courts 4,519 286 110 30 2 0 0 4,947 Central Bankruptcy Court 2,033 454 359 66 1 0 0 2,913 Central Intellectual Property and International Trade Court 424 169 65 34 1 0 0 693 Central Tax Court 93 55 13 11 0 0 0 172 Labour Courts 3,602 1,426 1,097 31 1 0 0 6,157 Total Courts of First Instance 210,093 20,645 11,285 2,600 301 51 22 244,997 Grand Total 246,159 21,636 11,443 2,608 301 51 22 282,220 Table 5 presents the duration of pending cases, reflecting the number of cases awaiting resolution at the end of the reporting period. Among the different timeframes, the shortest duration of pending cases is "shorter than 6 months." Therefore, it's heartening to note that a significant majority, totaling 245,159 cases (equivalent to 87% of the total of 282,220 cases), are anticipated to be resolved within this 6-month span. In terms of specifics, the majority of pending cases, accounting for 1,918 of the 2,548 total cases at the Supreme Court (representing 75% of the total cases), are cases being potentially resolved within 6-months because the duration has not exceeded 6 months. Similarly, the pending rate at the court of first instance is 85% of the total 244,997 cases, indicating that the majority of remaining cases, 210,093 cases, can be addressed within the same 6-month timeframe. Furthermore, in the appellate courts, there are 34,148 cases with shorter-than-6-months of the duration of pending, out of a total of 34,675 cases, corresponding to 98% of the total cases. This displays the greatest pending rate among the courts of all levels.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 15 Under civil law, the amount of a dispute can be categorized into 2 types: cases with computable monetary value claim and cases with non-monetary claim. Cases with computable monetary value claim are the cases where the relief wanted is to obtain a specific amount of money or a property that can be quantified in terms of money, even though it doesn't belong to the claimant. The amount of money claimed or the value of the property, which could include assets like houses, land, or cars, is considered the disputed amount. These scenarios arise, for example, in cases related to the enforcement of obligations within agreements such as loans, mortgages, suretyship agreements, or contracts for the purchase or sale of real estate. On the other hand, cases with non-monetary claim are those in which the plaintiff attempts to enforce the defendant to take specific actions or restrain from doing certain activities for benefit of the plaintiff without any request or claim for a sum of money or certain properties. Importantly, none of these examples involve a request or demand for a specific amount of money or property. Such scenarios focus on finding solutions to stop harm or address problems, and their resolution cannot be measured in monetary terms. In 2022, the total amount of money as the claim computable in terms of money was reported as 651,281,827,600.17 Baht, which can be clarifies as follows: - The total amount for civil cases was 407,545,628,467.91 Baht. - The total amount for commercial and economic cases was 684,776,078.50 Baht. - The total amount for consumer cases was 240,689,810,470.69 Baht. - The total amount for environmental cases was 2,361,612,583.07 Baht. Table 6. Cases filed with Court of First Instance classified by the amount in dispute Cases Cases with nonmonetary claim Cases with Computable Monetary Value Claim Total Cases Lower than 50,000 Baht Over 50,000 Baht to 300,000 Baht Over 300,000 Baht to 500,000 Baht Over 500,000 Baht to 1 M Baht Over 1 M Baht to 5 M Baht Over 5 M Baht to 10 M Baht Over 10 M Baht to 50 M Baht Over 50 M Baht to 100 M Baht Over 100 M Baht Civil Cases 161,298 23,171 38,631 7,495 9,637 12,103 2,096 2,435 412 371 257,649 Commercial and Economic Cases 93 0 0 144 57 107 4 7 1 1 414 Consumer Cases 1,719 142,195 355,773 50,746 52,839 35,734 2,753 1,465 59 36 643,319 Environmental Cases 430 24 38 17 3 9 2 5 0 3 531 Total 163,540 165,390 394,442 58,402 62,536 47,953 4,855 3,912 472 411 901,913 As revealed in Table 6, the majority of civil litigation were cases with computable monetary value claim, which is 738,373 out of 901,913 cases (81% of total cases). Most of them are consumer cases, totaling 355,773 (making up 55% of 901,903 cases in total), with the claims ranging from over 50,000 baht to 300,000 baht. However, cases with non-monetary claims were filed, particularly in civil and environmental proceedings. Notably, there were 161,298 cases out of 257,649 total civil cases, accounting for 63% of total civil cases, and 430 out of 531 total environmental cases, accounting for 81% of total environmental cases.
COURT OF JUSTICE, THAILAND 16 ANNUAL STATISTICAL REPORT 2022 Provisional release is a mean whereby a person continues to enjoy freedom or regains it after having been placed in preventive detention during the criminal proceedings. Such application is for provisional release without bail, or with bail, or with bail and security submitted to the court to consider for a release of an accused or a defendant for a specified period of time. Table 7. Applications for Provisional Release Nationality Number of Applications Granted by the Court Granted (%) Denied by the Court Denied (%) Absconding During Provisional Release Thai 238,801 214,608 89.87% 24,193 10.13% 5,395 Foreigner 5,420 4,020 74.17% 1,400 25.83% 181 Total 244,221 218,628 89.52% 25,593 10.48% 5,576 Note: The number of applications = granted + denied by the court Table 7 provides insights into the breakdown of application for provisional release based on nationality. The data reveals that a total of 244,221 applications were filed. Among these, 238,801 applications were from Thai nationals, whereas 5,420 applications were from foreigners. Thai nationals had a considerably higher number of applications, accounting for approximately 97.78% of the total applications. Among the applications submitted by Thai nationals, the court granted provisional release in 214,608 cases, which constitute 89.87% of their total applications. Conversely, 24,193 applications (10.13%) were denied by the court. For foreigners, a comparatively smaller number of applications were received, making up around 2.22% of the total applications. Out of these, the court approved provisional release in 4,020 cases, representing 74.17% of their total applications. However, 1,400 applications (25.83%) were denied. Overall, the data illustrates that provisional release applications were far more submitted by Thai nationals, and a higher proportion of these applications were granted by the court. While foreigners had a lower number of applications, a substantial majority of their applications were also granted, albeit at a slightly lower rate compared to Thai nationals. In terms of absconding during the period of provisional release, it can be inferred that Thai nationals account for the majority, accounting for 5,395 cases out of a total of 5,576 cases of absconding during provisional release. This represents approximately 96.75% of the total cases. On the other hand, foreigners contribute to a smaller fraction of the cases, with 181 instances reported, constituting around 3.25% of the total cases. In conclusion, the data suggests that Thai nationals exhibit a higher number of cases involving absconding during provisional release compared to foreigners. This could potentially be attributed to various factors, such as familiarity with the country's legal system and social context.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 17 The determination of punishment refers to the process by which a court or legal authority assesses and decides the appropriate penalties or consequences to be imposed upon an individual who has been found guilty of committing a crime. This involves considering factors such as the severity of the offense, the offender's intent, their criminal history, and the potential impact of the crime on victims or society as a whole. The goal of determining punishment is to achieve a fair and just outcome that aligns with the principles of justice and aims to deter future criminal behavior. Table 8. Determination of Criminal Punishment of Courts of First Instance Types of Penalty Thai Defendants Foreign Defendants Natural Person Juristic Person Total Persons Natural Person Juristic Person Total Male Female Total Male Female Total Persons Death 144 15 159 0 318 7 5 12 0 24 Imprisonment 73,005 8,864 81,869 0 163,738 3,936 501 4,437 0 8,874 Fines 135,395 29,458 164,853 39 329,745 5,661 2,271 7,932 0 15,864 Confinement 1,715 127 1,842 0 3,684 167 50 217 0 434 Forfeiture of property 427 59 486 0 972 0 2 2 0 4 Suspended or deferred sentence 279,178 34,275 313,453 17 626,923 16,160 5,441 21,601 0 43,202 Other 10,728 3,966 14,694 1 29,389 2,736 830 3,566 0 7,132 Total 500,592 76,764 577,356 57 1,154,769 28,667 9,100 37,767 0 75,534 Table 8 provides a detailed summary of the determination of punishments in the legal system across different categories of defendants. The data demonstrates significant trends in fines across different defendant categories. Imprisonment emerges as a significant penalty for Thai natural persons, affecting a considerable number (81,869), with males (73,005) being mostly impacted. Fines were a significant portion, totaling 164,853 cases, primarily involving males (135,395). Suspended sentences are highly implemented, accounting for 313,453 cases, with males (279,178) being the primary recipients. Among foreign natural persons, imprisonment is observed in 4,437 cases, with males (3,936) comprising the majority. Notably, the data includes penalties imposed on foreign and Thai defendants categorized as juristic persons, but in much less number. Cases where juristic persons appear as a defendant go to the Central Intellectual Property and International Trade Court. It represents complexities and diversity of legal proceedings in Thailand. Therefore, the information is crucial for understanding the legal landscape and the distribution of penalties within it. However, the above data demonstrates the sentences reported by the courts of first instance throughout the kingdom, excluding juvenile and family courts, because these courts apply distinct penalties in compliance with juvenile and family law, reflecting a nuanced approach when dealing with cases involving children.
COURT OF JUSTICE, THAILAND 18 ANNUAL STATISTICAL REPORT 2022 The Juvenile and Family Court and Procedure Act B.E. 2553 (2010) came into effect on May 22, 2011, with the primary objective of safeguarding the rights and welfare of children, youth, women, and family members. This legislation shapes the procedures within the Juvenile and Family Courts, aligning with international conventions such as the rights of the child and the elimination of all forms of discrimination against women. This alignment underscores the importance of adhering to constitutional principles. In the context of criminal cases directed to the juvenile and family courts, a significant proportion have been subject to special measures for correction, treatment, and rehabilitation, as evidenced in Table 9. Notably, the utilization of special measures outlined in both Section 90 and Section 132 of the Act has yielded higher success rates than unsuccessful outcomes. Table 9. The Special Measures in Juvenile and Family Courts MEASURES NUMBER OF CASES USING SPECIAL MEASURE IN LIEU OF PROSECUTION / MEASURES FOR CORRECTION, TREATMENT AND REHABILITATION Successful Implementation Unsuccessful Implementation In Process SPECIAL MEASURE IN LIEU OF PROSECUTION SECTION 90 394 66 577 MEASURES FOR CORRECTION, TREATMENT AND REHABILITATION SECTION 132 6,559 515 5,918 TOTAL 6,953 581 6,495 Furthermore, Thailand has taken concrete steps to ensure the protection of children and mitigate instances of domestic violence. The establishment of the Child Protection Act B.E. 2546 (2003) and the Victims of Domestic Violence Victim Protection Act B.E. 2550 (2007) underscores the country's commitment to promoting a safer environment for its citizens, particularly the vulnerable segments of the population. Table 10. Laws Relating to Juvenile and Family Matters. ACT CASE FILED CASE DISPOSED OF CASE DISPOSED OF (%) CHILD PROTECTION ACT B.E. 2546 (2003) 20 20 100% VICTIMS OF DOMESTIC VIOLENCE VICTIM PROTECTION ACT B.E.2550 (2007) 234 204 87.18% The data in table 10 reveals that these legislative efforts have led to concrete results. Specifically, the Child Protection Act demonstrated a 100% disposition rate, reflecting its success in ensuring the protection of children. Similarly, the Victims of Domestic Violence Victim Protection Act exhibited a significant disposition rate of 87.18%, indicating its impact in addressing cases related to domestic violence.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 19 Human trafficking is a severe problem in Thai culture and around the world since it is a crime that violates human rights. As a result, it has become the world's most pressing concern. Human trafficking is also considered a serious international crime. It is such a critical issue that every country, including Thailand, should work together to solve it. Thailand has taken significant steps to address this issue by enacting legislation, including the AntiTrafficking in Persons Act B.E. 2551 (2008), the Human Trafficking Criminal Procedure Act B.E. 2559 (2016), and subsequent amendments such as the Anti-Trafficking in Persons Act No. 2 in 2015 and No. 3 in 2017. As a result, the Human Trafficking Criminal Procedure has been designed expressly to ensure effective prevention and suppression of human trafficking. In addition, it will help any related cases be in the proceedings faster and more fairly. However, according to the fact that Thailand is a source, transit, and destination country for human trafficking, the Royal Thai Government prioritizes this issue as an urgent agenda and should be executed in every dimension to protect and reduce the number of victims for both sex and labor exploitation. Thus, the Court of Justice of Thailand has followed the policy by making an immediate and effective prosecution in courts of first instance. Table 11. Human Trafficking Cases in Courts of First Instance in 2022 COURTS BEGIN PENDING (1) NEW CASE FILINGS (2) CASE FILED IN TOTAL (1) + (2) CASE DISPOSED OF CASE DISPOSED OF (%) END PENDING CRIMINAL COURTS 72 143 215 134 62.32 81 CRIMINAL COURTS FOR CORRUPTION AND MISCONDUCT CASES 1 1 1 100.00 PROVINCIAL COURTS 60 86 146 82 56.16 64 JUVENILE AND FAMILY COURTS 11 11 22 19 86.36 3 TOTAL 144 240 384 236 61.46 148 Note: Begin Pending means the number of cases that, at the start of the reporting period, are awaiting disposition. End Pending means the number of cases that, at the end of the reporting period, are awaiting disposition. Table 12. Penalties in Human Trafficking Cases Penalties in Human Trafficking Cases Defendants Death - Imprisonment 201 Fines 9 Suspension of Punishment 38 Other 7 Table 12 shows that in human trafficking cases, there were no instances of the death penalty imposed. However, imprisonment was the most prevalent penalty, with 201 defendants resulting in this form of punishment. Additionally, 38 cases led to the suspension of punishment, while no fines or other penalties were recorded in these cases.
COURT OF JUSTICE, THAILAND 20 ANNUAL STATISTICAL REPORT 2022 Table 13. Length of Prison Sentences Length of Prison Sentences Defendants Shorter than 1 Year 1 Over 1 Year to 2 Years 1 Over 2 Years to 3 Years 8 Over 3 Years to 5 Years 17 Over 5 Years to 10 Years 66 Over 10 Years 108 Table 13 provides a breakdown of prison sentences imposed on human trafficking cases. The data showcases a range of sentence durations, highlighting the diverse outcomes of these cases. The majority of cases have resulted in substantial prison terms, with 66 defendants receiving sentences spanning from over 5 to 10 years and 108 defendants with sentences exceeding 10 years. This suggests that the legal system is treating human trafficking as a severe offense and is aiming for significant punitive measures. The distribution across different sentence lengths indicates a comprehensive approach in addressing the complexities and severity of human trafficking cases. Figure 3. Time to Disposition on Human Trafficking Cases Figure 3 presents a condensed overview of time to disposition in human trafficking cases across different courts. The data highlights the variety in processing durations while also reflecting the workings involved and the necessity for specialized procedures. 13 31 13 41 29 7 0 0 0 0 1 0 1 12 15 15 35 4 0 6 2 8 3 0 S H O R T E R T H A N 1 M O N T H O V E R 1 M O N T H T O 3 M O N T H S O V E R 3 M O N T H S T O 6 M O N T H S O V E R 6 M O N T H S T O 1 Y E A R O V E R 1 Y E A R T O 2 Y E A R S O V E R 2 Y E A R S Criminal Courts Criminal Courts for Corruption and Misconduct Cases Provincial Courts Juvenile and Family Courts
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 21 Mediation is a procedure whereby a third party, with the cooperation of two or more parties, supports them in preventing, managing, or resolving a conflict by assisting them in developing mutually acceptable agreements. With new amendment in the Act Amending the Civil Procedure Code (No. 32) B.E. 2563 (2020), it is now possible for a complainant to file a motion requesting a mediator prior to filing a complaint, allowing the parties to postpone or avoid the costs associated with drafting and/or responding to a complaint. This is known as pre-litigation mediation. Upon acceptance, the court will gather the involved parties and appoint a mediator, with the court-supervised mediation process ensuing. Table 14. Pre-Litigation Mediation in Courts of First Instance Pre-Litigation Mediation Mediation Application Case Disposed of (before entering the mediation process) Success Unsuccess Success Rate In Process Civil Cases 542 143 297 52 54.80% 50 Consumer Cases 1,099 165 847 30 77.07% 57 Criminal Cases 382 3 2 1 0.52% 376 Total 2,023 311 1,146 83 56.65% 483 Source data: the Office of Judicial Affairs As illustrated in Table 14, pre-litigation mediation procedures in consumer disputes display the highest volume of applications, with 1,099 instances out of the collective 2,023 cases. Impressively, this category also attains the highest success rate at 77.07%, surpassing the average overall success rate of 56.65%. Likewise, the data presented in Table 15 highlights a parallel trend, with consumer cases representing the majority of mediation after filing a case (193,313 out of the total 260,297 cases) and achieving the highest success rate (93.20%). Table 15. Mediation in Courts of First Instance Mediation (after filing case) Mediation Application Case Disposed of (before entering the mediation process) Success Unsuccess Success Rate In Process Civil Cases 56,857 2,226 41,498 11,455 72.99% 1,678 Consumer Cases 193,313 6,798 180,162 4,373 93.20% 1,980 Criminal Cases 10,127 547 7,030 2,164 69.42% 386 Total 260,297 9,571 228,690 17,992 87.86% 4,044 Source data: Office of Judicial Affairs
COURT OF JUSTICE, THAILAND 22 ANNUAL STATISTICAL REPORT 2022
THE SUPREME COURT CHAPTER 1
COURT OF JUSTICE, THAILAND 24 ANNUAL STATISTICAL REPORT 2022 The Supreme Court is the court of final appeal in all civil and criminal cases in the whole Kingdom. The Court consists of the President, a maximum of six Vice - Presidents, the Secretary and a number of justices. The President of the Supreme Court is also the head of the Courts of Justice. In the present system of the Courts of Justice, the President of the Supreme Court sits at the pinnacle in judicial and administrative structures. Like Courts of Appeal, the Supreme Court also has the Research Justice Division consisting of research justices. At least three justices of the Supreme Court form a quorum. The court may, however, sit in plenary session to determine cases of exceptional importance and cases where there are reasons for reconsideration or overruling of its own precedents. The quorum for the full Court is not less than half of the total number of justices in the Supreme Court. As a result of the 2007 Constitution, Section 219 paragraph four. Types of Case Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) +( 2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) Civil Litigation 1,291 1,640 2,931 1,992 67.96 939 Criminal Litigation 1,312 3,438 4,750 3,141 66.13 1,609 Total 2,603 5,078 7,681 5,133 66.83 2,548 Note: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 25 217 153 137 61 59 0 50 100 150 200 250 1. Land Dispute 2. Eviction 3. Torts 4. Revoke the Juristic Act, Hire of Work 5. Sale and Purchase Contract. Civil Cases 209 208 202 97 60 0 50 100 150 200 250 1. Sale and Purchase (Condominium) 2. Land Development Act 3. Servitude 4. Contract of Guaruntee 5. Hire Purchase (Automobile) Consumer Cases 1,011 478 454 448 442 0 200 400 600 800 1,000 1,200 1. Narcotics Code 2. Firearm, Ammunition, Explosive, Firework and Imitation Firearm Act 3. Petty Offences 4. Offences Against Life 5. Offences of Taking by Stealth and Snatching Criminal Cases
COURT OF JUSTICE, THAILAND 26 ANNUAL STATISTICAL REPORT 2022 Types of Case Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) Civil Case 459 808 1,267 789 62.27 478 Consumer Case 389 600 989 736 74.42 253 Environmental Case 12 7 19 11 57.89 8 Administrative Case 7 17 24 3 12.50 21 Commercial Case 73 66 139 58 41.73 81 Election Case 0 2 2 2 100.00 0 Tax Case 52 9 61 54 88.52 7 Labour Case 222 42 264 232 87.88 32 Intellectual Property and International Trade Case 16 21 37 24 64.86 13 Juvenile and Family Case 31 38 69 46 66.67 23 Bankruptcy Case 20 28 48 27 56.25 21 Bankruptcy Case (Business Rehabilitation) 10 2 12 10 83.33 2 Civil Case for Persons Holding of Political Positions Total 1,291 1,640 2,931 1,992 67.96 939 Note 1: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period. Note 2: The administrative case in the Supreme Court is relevant to a civil cause of action of administrative case but not under the jurisdiction of Administrative Courts. Note 3: The Supreme Court has the power to try and adjudicate cases relevant to cases in which the Prime Minister, a Minister, a member of the House of Representatives, a senator, or the other political official is accused of becoming unusually wealthy, committing misconduct in office according to the Criminal Code, performing duties dishonestly, or of corruption under other laws.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 27 Types of Case Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) Criminal Case 1,135 3,174 4,309 2,895 67.18 1,414 Consumer Case 0 0 0 0 0 Environmental Case 143 197 340 190 55.88 150 Criminal Case for Persons Holding of Political Positions 19 29 48 26 54.17 22 Appellate Case of Criminal Case for Persons Holding of Political Positions 3 12 15 5 33.33 10 Intellectual Property and International Trade Case 4 11 15 7 46.67 8 Juvenile and Family Case 8 15 23 18 78.26 5 Bankruptcy Case 0 0 0 0 0 Total 1,312 3,438 4,750 3,141 66.13 1,609 Note 1: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period. Note 2: Consumer and environmental cases as criminal matters in the Supreme Court are relevant criminal cases filed with the Consumer Case Division and the Environmental Case Division in the Supreme Court. Note 3: The Supreme Court has the power to try and adjudicate cases relevant to cases in which the Prime Minister, a Minister, a member of the House of Representatives, a senator, or the other political official is accused of becoming unusually wealthy, committing misconduct in office according to the Criminal Code, performing duties dishonestly, or of corruption under other laws.
COURT OF JUSTICE, THAILAND 28 ANNUAL STATISTICAL REPORT 2022
APPELLATE COURTS CHAPTER 2
COURT OF JUSTICE, THAILAND 30 ANNUAL STATISTICAL REPORT 2022 The Court of Appeal handles an appeal against a judgment or order of Civil Courts and Criminal Courts. Meanwhile the Regional Courts of Appeal handle appeals against judgments or orders of the other Courts of First Instance located within their regions. The Court of Appeal for Specialized Cases was established on 1 October 2016 to handle appeals from specialized courts and juvenile and family courts. Courts Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) The Court of Appeal Civil Litigation 1,012 3,028 4,040 2,762 68.37 1,278 Criminal Litigation 4,816 42,785 47,601 19,586 41.15 28,015 Total 5,828 45,813 51,641 22,348 43.28 29,293 Courts of Appeal, Region I - X Civil Litigation 1,163 13,403 14,566 12,161 83.49 2,405 Criminal Litigation 911 14,475 15,386 13,106 85.18 2,280 Total 2,074 27,878 29,952 25,267 84.36 4,685 The Court of Appeal for Specialized Cases Civil Litigation 159 2,940 3,099 2,477 79.93 622 Criminal Litigation 21 214 235 160 68.09 75 Total 180 3,154 3,334 2,637 79.09 697 All Appellate Courts: Civil Litigation 2,334 19,371 21,705 17,400 80.17 4,305 Criminal Litigation 5,748 57,474 63,222 32,852 51.96 30,370 Grand Total 8,082 76,845 84,927 50,252 59.17 34,675 Note: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 31 1,303 855 746 580 472 0 200 400 600 800 1,000 1,200 1,400 1. Torts 2. Eviction 3. Land Dispute 4. Breach of Contract 5. Loan Contract Civil Cases 4,373 3,992 1,629 1,387 1,176 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 1. Contract of Guaruntee 2. Hire Purchase (Automobile) 3. Loan Agreement 4. Mortgage 5. Public Health and Beauty Services (Sanatorium) Consumer Cases 30,988 5,071 4,301 2,386 2,174 0 5,000 10,000 15,000 20,000 25,000 30,000 35,000 1. Narcotics Code 2. Land Traffic Act 3. Firearm, Ammunition, Explosive, Firework and Imitation Firearm Act 4. Petty Offences 5. Offences of Taking by Stealth and Snatching Criminal Cases
COURT OF JUSTICE, THAILAND 32 ANNUAL STATISTICAL REPORT 2022 Types of Case Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) The Court of Appeal Civil Litigation Civil Case 707 1,669 2,376 1,686 70.96 690 Consumer Case 303 1,349 1,652 1,068 64.65 584 Environmental Case 2 5 7 4 57.14 3 Local Election Case 0 3 3 3 100.00 0 Corruption and Misconduct Case 0 2 2 1 50.00 1 Criminal Litigation Criminal Case 534 2,682 3,216 2,272 70.65 944 Consumer Case Environmental Case 5 42 47 30 63.83 17 Local Election Case Corruption and Misconduct Case 172 533 705 541 76.74 164 Human Trafficking Case 20 59 79 49 62.03 30 Narcotics Case 4,085 39,469 43,554 16,694 38.33 26,860 Total 5,828 45,813 51,641 22,348 43.28 29,293 Note 1: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period. Note 2: Appellate courts have power to try and adjudicate cases relevant to the election and revocation of the election rights in the election of local councils and local administrators, according to the Constitution B.E. 2560 (2017) Section 226. Note 3: Consumer and environmental cases as criminal matters in the courts of appeal are relevant criminal cases appealed to the Consumer Case Division and the Environmental Case Division in appellate courts. Note 4: The Court of Appeal has the sole authority to consider appeals regarding narcotics cases, human trafficking cases and the corruption and misconduct cases nationwide in accordance with the Narcotics Cases Procedure Act B.E. 2550 (2007), the Anti – Human Trafficking Procedure Act B.E. 2559 (2016) and the Corruption and Misconduct Case Procedure Act B.E. 2559 (2016) respectively.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 33 Types of Case Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) - (4) The Court of Appeal, Region I-X Civil Litigation Civil Case 432 4,441 4,873 3,850 79.01 1,023 Consumer Case 729 8,826 9,555 8,202 85.84 1,353 Environmental Case 1 40 41 33 80.49 8 Local Election Case 1 96 97 76 78.35 21 Criminal Litigation Criminal Case 847 13,531 14,378 12,230 85.06 2,148 Consumer Case 0 3 3 3 100.00 0 Environmental Case 64 934 998 868 86.97 130 Local Election Case 0 7 7 5 71.43 2 Total 2,074 27,878 29,952 25,267 84.36 4,685 Note 1: Appellate courts have authority to try and adjudicate cases relevant to the election and revocation of the election rights in the election of local councils and local administrators, according to the Constitution B.E. 2560 (2007) Section 219 paragraph three. Note 2: Consumer and environmental cases as criminal matters in appellate courts are relevant criminal cases filed with the Consumer Case Division and the Environmental Case Division in appellate courts. Types of Case Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) The Court of Appeal for Specialized Cases Civil Litigation Tax Case 16 42 58 43 74.14 15 Labour Case 31 2,002 2,033 1,648 81.06 385 Intellectual Property and International Trade Case (Civil) 45 190 235 177 75.32 58 Bankruptcy Case (Civil) 35 179 214 186 86.92 28 Bankruptcy Case (Business Rehabilitation) 4 45 49 40 81.63 9 Juvenile and Family Case (Civil) 28 482 510 383 75.10 127 Criminal Litigation Intellectual Property and International Trade Case (Criminal) 12 95 107 64 59.81 43 Bankruptcy Case (Criminal) 0 6 6 4 66.67 2 Juvenile and Family Case (Criminal) 9 113 122 92 75.41 30 Total 180 3,154 3,334 2,637 79.09 697 Note: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period.
COURT OF JUSTICE, THAILAND 34 ANNUAL STATISTICAL REPORT 2022
THE COURTS OF FIRST INSTANCE CHAPTER 3
COURT OF JUSTICE, THAILAND 36 ANNUAL STATISTICAL REPORT 2022 Courts of First Instance are categorized as general courts, juvenile and family courts and specialized courts. The general courts are ordinary courts which have authorities to try and adjudicate criminal and civil cases. Those courts are : Civil Courts, Criminal Courts, Provincial Courts and Kwaeng Courts. The primary function of Kwaeng Courts is to dispose of small cases quickly with minimum formality and expense. The jurisdiction of these courts covers both criminal and civil cases. Criminal cases fallen in the jurisdiction must deal with the criminal offence punishable with a maximum of three years imprisonment, or fine not exceeding 60,000 baht or both. For civil cases, the amount of claims must not exceed 300,000 baht. The proceeding in Kwaeng Courts is emphasized on the speedy trial; therefore, the trial is more simple and oral judgment or summarized judgment may be issued. In other provinces, Provincial Courts exercise unlimited original jurisdiction in all general civil and criminal matters within their own districts which are generally the provinces themselves. For the purpose of expansion of services of the court to the distant area, some provinces may have more than one Provincial Court. For example, in Nakhon Ratchasima Province, there are three Provincial Courts, i.e., the Nakhon Ratchasima Provincial Court, the Sikhio Provincial Court and the Bua Yai Provincial Court. Where a case within the jurisdiction of the Municipal Court is brought to the Provincial Court, the latter has to transfer the case to the former. Each Provincial Court has a Chief Judge who is the head and responsible for the judicial work of the court. The Director of the Administrative Office of such Provincial Court under the supervision of the Chief Judge is responsible for administrative work of the court (Regional Offices of the Chief Justices). The courts that operate independently without being under the jurisdiction of any offices of regional Chief Justices are mostly located in the Bangkok metropolitan area such as Civil courts and Criminal courts. However, this arrangement extends to certain courts in other provinces. Notable examples include the Criminal Courts for Corruption and Misconduct Cases, Regions I - IX, along with the Labour Courts, Regions I - IX, which are found throughout various regions across Thailand. Nevertheless, within Bangkok, there are specific courts that operate under the jurisdiction of the Office of the Chief Justice, Region I. These include the Thonburi Kwaeng Court, Dusit Kwaeng Court, Pathumwan Kwaeng Court, Don Mueang Kwaeng Court, and Bang Bon Kwaeng Court. The Juvenile and Family Courts consist of the Central Juvenile and Family Court, the Provincial Juvenile and Family Courts, and the Provincial Courts, Juvenile and Family Divisions. There are four specialized courts in Thailand, i.e. the Tax Court, the Intellectual Property and International Trade Court, the Bankruptcy Court, and the Labour Courts. The establishment of the specialized court is to ensure that specific or technical problems will be solved by appropriate adjudicators. A judge of the specialized courts is appointed from a judge who possesses competent knowledge of the specific matters. It should be noted that at present each specialized court has only the central court, except the Labour Courts which now consist of the Central Labour Court and the regional Labour Courts.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 37 123,897 32,255 14,821 13,185 10,898 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 1. Execution of Inheritance 2. Torts 3. Subrogation 4. Loan 5. Claim for Damages Civil Cases 152,561 134,519 128,447 68,991 65,015 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 180,000 1. Credit Card 2. Loan 3. Personal Loan 4. Hire Purchase (Automobile) 5. Contract of Guaruntee Consumer Cases 367,633 137,649 34,446 25,559 25,473 0 50,000 100,000 150,000 200,000 250,000 300,000 350,000 400,000 1. Narcotics Code 2. Land Traffic Act 3. Firearm, Ammunition, Explosive, Firework and Imitation Firearm Act 4. Offences of Taking by Stealth and Snatching 5. Immigration Act Criminal Cases
COURT OF JUSTICE, THAILAND 38 ANNUAL STATISTICAL REPORT 2022 Courts Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) Civil Courts 36,556 70,549 107,105 81,482 76.08 25,623 Criminal Courts 9,657 23,326 32,983 26,174 79.36 6,809 Criminal Courts for Corruption and Misconduct Cases 1220 2,034 3,254 1,766 54.27 1,488 The Central Juvenile and Family Court 1,650 3,381 5,031 3,812 75.77 1,219 The Central Bankruptcy Court 4,194 6614 10,808 7895 73.05 2,913 The Central Intellectual Property and International Trade Court 967 1,897 2,864 2,171 75.80 693 The Central Tax Court 194 196 390 218 55.90 172 Labour Courts 10,477 11,555 22,032 15,875 72.05 6,157 Total 64,915 119,552 184,467 139,393 75.57 45,074 Note: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period. Courts Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) Kwaeng Courts in Regions I - IX 94,623 458,944 553,567 497,345 89.84 56,222 Provincial Courts in Regions I - IX 190,404 893,934 1,084,338 944,364 87.09 139,974 Juvenile and Family Courts in Regions I - IX 4,658 25,362 30,020 26,292 87.58 3,728 Total 289,685 1,378,240 1,667,925 1,468,001 88.01 199,924 Note: Begin Pending means the number of cases that are awaiting disposition at the start of the reporting period. End Pending means the number of cases that are awaiting disposition at the end of the reporting period.
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 39 Region Courts Begin Pending (1) New Cases (2) Case Filed in Total (3) = (1) + (2) Case Disposed of (4) % Case Disposed of End Pending (3) – (4) I Kwaeng Courts 44,849 143,697 188,546 164,812 87.41 23,734 Provincial Courts 32,549 94,513 127,062 106,209 83.59 20,853 Juvenile and Family Courts 901 3,190 4,091 3,474 84.92 617 Total 78,299 241,400 319,699 274,495 85.86 45,204 II Kwaeng Courts 9,095 53,584 62,679 57,148 91.18 5,531 Provincial Courts 24,630 85,244 109,874 90,732 82.58 19,142 Juvenile and Family Courts 498 2,657 3,155 2,709 85.86 446 Total 34,223 141,485 175,708 150,589 85.70 25,119 III Kwaeng Courts 6,396 45,636 52,032 46,989 90.31 5,043 Provincial Courts 25,709 142,768 168,477 149,187 88.55 19,290 Juvenile and Family Courts 747 4,303 5,050 4,471 88.53 579 Total 32,852 192,707 225,559 200,647 88.96 24,912 IV Kwaeng Courts 3,493 40,823 44,316 41,096 92.73 3,220 Provincial Courts 31,303 194,503 225,806 201,094 89.06 24,712 Juvenile and Family Courts 618 4,654 5,272 4,665 88.49 607 Total 35,414 239,980 275,394 246,855 89.64 28,539 V Kwaeng Courts 6,382 40,071 46,453 41,049 88.37 5,404 Provincial Courts 12,365 74,722 87,087 75,825 87.07 11,262 Juvenile and Family Courts 344 2,313 2,657 2,288 86.11 369 Total 19,091 117,106 136,197 119,162 87.49 17,035 VI Kwaeng Courts 6,798 23,346 30,144 27,212 90.27 2,932 Provincial Courts 18,589 87,913 106,502 91,201 85.63 15,301 Juvenile and Family Courts 421 2,378 2,799 2,517 89.92 282 Total 25,808 113,637 139,445 120,930 86.72 18,515 VII Kwaeng Courts 9,236 40,112 49,348 45,356 91.91 3,992 Provincial Courts 19,474 83,461 102,935 88,991 86.45 13,944 Juvenile and Family Courts 557 2,179 2,736 2,374 86.77 362 Total 29,267 125,752 155,019 136,721 88.20 18,298 VIII Kwaeng Courts 6,067 48,494 54,561 50,721 92.96 3,840 Provincial Courts 14,450 66,609 81,059 72,273 89.16 8,786 Juvenile and Family Courts 411 2,064 2,475 2,164 87.43 311 Total 20,928 117,167 138,095 125,158 90.63 12,937 IX Kwaeng Courts 2,307 23,181 25,488 22,962 90.09 2,526 Provincial Courts 11,335 64,201 75,536 68,852 91.15 6,684 Juvenile and Family Courts 161 1,624 1,785 1,630 91.32 155 Total 13,803 89,006 102,809 93,444 90.89 9,365 Grand Total 289,685 1,378,240 1,667,925 1,468,001 88.01 199,924
COURT OF JUSTICE, THAILAND 40 ANNUAL STATISTICAL REPORT 2022 Courts Civil Cases Consumer Cases Environmental Cases Commercial Cases New Cases Filed in Total The Civil Court 9,176 5,536 2 14,714 Bangkok South Civil Court 3,704 1,828 414 5,946 Thon Buri Civil Court 4,192 2,786 6,978 Taling Chan Civil Court 2,801 5,382 8,183 Phra Khanong Civil Court 3,152 7,954 11,106 Min Buri Civil Court 5,214 18,408 23,622 Total 28,239 41,894 2 414 70,549 Note: A division for commercial case is only in Bangkok South Civil Court. 14,714 5,946 6,978 8,183 11,106 23,622 0 5,000 10,000 15,000 20,000 25,000 The Civil Court Bangkok South Civil Court Thon Buri Civil Court Taling Chan Civil Court Phra Khanong Civil Court Min Buri Civil Court Number of New Cases Filed with the Court
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 41 The court of justice is committed to enhancing the accessibility of justice for online shoppers. This commitment is being actualized through the establishment of a specialized division dedicated to addressing cases related to online transactions. Therefore, the Online Sale Transaction Case Division was established at the Civil Court on January 27, 2022. Month Case Filed Case with Fixed Hearing Date Case Disposal Case Pending Judgement Rendered Provisionally Disposed of NonProvisionally Disposed of Withdrawn Cases Settled Case Dismissed/ Rejected Plaints Case Disposed of in Total Jan 482 0 0 0 0 0 0 0 0 0 Feb 1,035 232 2 24 7 15 1 2 51 181 Mar 1,042 596 9 72 31 54 7 12 185 411 Apr 514 571 138 137 69 71 16 1 432 139 May 427 555 126 62 136 68 46 3 441 114 Jun 938 586 130 29 204 81 5 6 455 131 Jul 515 611 174 21 264 62 5 526 85 Aug 483 586 132 26 303 63 1 2 527 59 Sep 331 295 40 19 180 25 1 2 267 28 Oct 265 190 28 10 108 19 3 1 169 21 Nov 367 740 112 34 442 98 2 1 689 51 Dec 1,105 664 99 22 427 72 2 1 623 41 Total 7,504 5,626 990 456 2,171 628 84 36 4,365 1,261
COURT OF JUSTICE, THAILAND 42 ANNUAL STATISTICAL REPORT 2022 Courts Criminal Cases Human Trafficking Cases Narcotics Cases New Cases Filed in Total The Criminal Court 3,212 138 1,321 4,671 Bangkok South Criminal Court 2,005 2,005 Thonburi Criminal Court 1,995 1,995 Taling Chan Criminal Court 2,472 2,472 Phra Khanong Criminal Court 4,572 4,572 Min Buri Criminal Court 7,611 7,611 Total 21,867 138 1,321 23,326 Note: Narcotics case division and human trafficking case division are only in the Criminal Court. 4,671 2,005 1,995 2,472 4,572 7,611 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 8,000 The Criminal Court Bangkok South Criminal Court Thonburi Criminal Court Taling Chan Criminal Court Phra Khanong Criminal Court Min Buri Criminal Court Number of New Cases Filed with the Court
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 43 Courts Criminal Cases Civil Cases New Cases Filed in Total The Central Criminal Court for Corruption and Misconduct Cases 2 226 228 Criminal Court for Corruption and Misconduct Cases, Region I 1 163 164 Criminal Court for Corruption and Misconduct Cases, Region II 1 123 124 Criminal Court for Corruption and Misconduct Cases, Region III 1 282 283 Criminal Court for Corruption and Misconduct Cases, Region IV 0 317 317 Criminal Court for Corruption and Misconduct Cases, Region V 3 149 152 Criminal Court for Corruption and Misconduct Cases, Region VI 0 338 338 Criminal Court for Corruption and Misconduct Cases, Region VII 0 192 192 Criminal Court for Corruption and Misconduct Cases, Region VIII 0 148 148 Criminal Court for Corruption and Misconduct Cases, Region IX 0 88 88 Total 8 2,026 2,034 228 164 124 283 317 152 338 192 148 88 0 50 100 150 200 250 300 350 400 Central Region I Region II Region III Region IV Region V Region VI Region VII Region VIII Region IX Number of New Cases Filed with the Court
COURT OF JUSTICE, THAILAND 44 ANNUAL STATISTICAL REPORT 2022 Courts Civil Cases Consumer Cases Environmental Cases Criminal Cases New Cases Filed in Total Provincial courts in Region I 22,187 41,926 25 30,375 94,513 Provincial courts in Region II 15,992 35,505 45 33,702 85,244 Provincial courts in Region III 29,652 64,101 241 48,774 142,768 Provincial courts in Region IV 34,834 72,103 45 87,521 194,503 Provincial courts in Region V 13,841 26,867 31 33,983 74,722 Provincial courts in Region VI 14,591 38,858 56 34,408 87,913 Provincial courts in Region VII 15,147 31,439 54 36,821 83,461 Provincial courts in Region VIII 11,512 24,652 21 30,424 66,609 Provincial courts in Region IX 10,261 20,945 2 32,993 64,201 Total 168,017 356,396 520 369,001 893,934 94,513 85,244 142,768 194,503 74,722 87,913 83,461 66,609 64,201 0 50,000 100,000 150,000 200,000 250,000 Region I Region II Region III Region IV Region V Region VI Region VII Region VII Region IX Number of New Cases Filed with the Court
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 45 Courts Civil Cases Consumer Cases Environmental Cases Criminal Cases New Cases Filed in Total Kwaeng Courts in Region I 12,125 84,365 0 47,207 143,697 Kwaeng Courts in Region II 3,356 23,510 0 26,718 53,584 Kwaeng Courts in Region III 2,080 25,149 0 18,407 45,636 Kwaeng Courts in Region IV 1,973 17,404 0 21,446 40,823 Kwaeng Courts in Region V 2,148 22,504 9 15,410 40,071 Kwaeng Courts in Region VI 1,180 14,578 0 7,588 23,346 Kwaeng Courts in Region VII 2,020 18,915 0 19,177 40,112 Kwaeng Courts in Region VIII 2,201 27,096 0 19,197 48,494 Kwaeng Courts in Region IX 1,145 11,508 0 10,528 23,181 Total 28,228 245,029 9 185,678 458,944 143,697 53,584 45,636 40,823 40,071 23,346 40,112 48,494 23,181 0 20,000 40,000 60,000 80,000 100,000 120,000 140,000 160,000 Region I Region II Region III Region IV Region V Region VI Region VII Region VIII Region IX Number of New Cases Filed with the Court
COURT OF JUSTICE, THAILAND 46 ANNUAL STATISTICAL REPORT 2022 Courts Civil Cases Criminal Cases The Child Protection Act, B.E. 2546 (2003) The Victims of Domestic Violence Victim Protection Act, B.E. 2550 (2007) New Cases Filed in Total Juvenile and family courts in Bangkok The Central Juvenile and Family Court 2,942 428 2 9 3,381 Juvenile and family courts in other provinces Juvenile and Family Courts in Region I 2,540 625 1 24 3,190 Juvenile and Family Courts in Region II 2,323 326 0 8 2,657 Juvenile and Family Courts in Region III 2,548 1,720 7 28 4,303 Juvenile and Family Courts in Region IV 2,956 1,655 2 41 4,654 Juvenile and Family Courts in Region V 1,706 590 1 16 2,313 Juvenile and Family Courts in Region VI 1,631 723 2 22 2,378 Juvenile and Family Courts in Region VII 1,728 432 1 18 2,179 Juvenile and Family Courts in Region VIII 1,487 550 1 26 2,064 Juvenile and Family Courts in Region IX 955 652 2 15 1,624 Total Juvenile and Family Courts in Region I - IX 17,874 7,273 17 198 25,362 Grand Total 20,816 7,701 19 207 28,743 3,381 3,190 2,657 4,303 4,654 2,313 2,378 2,179 2,064 1,624 0 500 1,000 1,500 2,000 2,500 3,000 3,500 4,000 4,500 5,000 Central Region I Region II Region III Region IV Region V Region VI Region VII Region VIII Region IX Number of New Cases Filed with the Court
COURT OF JUSTICE, THAILAND ANNUAL STATISTICAL REPORT 2022 47 6,535 2,780 1,594 1,183 946 0 1,000 2,000 3,000 4,000 5,000 6,000 7,000 1. Divorce 2. Registration of Legitimation of Child 3. Parental Power/Child Custody. 4. Spousal and Child Maintenance 5. Compensation Claims Civil Cases 5,118 956 947 841 481 0 1,000 2,000 3,000 4,000 5,000 6,000 1. Narcotics Code 2. Offences of Taking by Stealth and Snatching 3. Land Traffic Act 4. Firearm, Ammunition, Explosive, Firework and Imitation Firearm Act 5. Petty Offences Criminal Cases
COURT OF JUSTICE, THAILAND 48 ANNUAL STATISTICAL REPORT 2022