zappalot Posted July 20, 2021 Share Posted July 20, 2021 Or can I just sue someone and prepare for the hearings by myself? 2 Link to comment Share on other sites More sharing options...
Popular Post Kwasaki Posted July 20, 2021 Popular Post Share Posted July 20, 2021 If you can read Thai and understand all Thai spoken regards there laws and also are educated to know Thai laws OK. 3 Link to comment Share on other sites More sharing options...
BobinBKK Posted July 20, 2021 Share Posted July 20, 2021 Are you planning to sue the government? Get in line with everyone else... 555 Link to comment Share on other sites More sharing options...
Popular Post CharlieH Posted July 20, 2021 Popular Post Share Posted July 20, 2021 To the best of my knowledge ONLY qualified Thai lawyers are permitted in a Thai court.. 4 Link to comment Share on other sites More sharing options...
Popular Post Kenny202 Posted July 20, 2021 Popular Post Share Posted July 20, 2021 I believe you can represent yourself but you would want to be very fluent in Thai. I was told a couple of years ago by the courts receptionist that the judge may see it as disrespectful to him not having proper representation fwiw 6 Link to comment Share on other sites More sharing options...
Popular Post bbko Posted July 20, 2021 Popular Post Share Posted July 20, 2021 Sue in a criminal case? I know people can sue in civil cases, does Thailand allow lawsuits in criminal cases? 4 1 Link to comment Share on other sites More sharing options...
tonray Posted July 20, 2021 Share Posted July 20, 2021 59 minutes ago, bbko said: Sue in a criminal case? I know people can sue in civil cases, does Thailand allow lawsuits in criminal cases? Yes criminal and civil matters are separate. Criminal matters will have to be reported to the police and a prosecutor will make determinatyas to how to proceed. Link to comment Share on other sites More sharing options...
Popular Post zappalot Posted July 20, 2021 Author Popular Post Share Posted July 20, 2021 7 hours ago, tonray said: Yes criminal and civil matters are separate. Criminal matters will have to be reported to the police and a prosecutor will make determinatyas to how to proceed. Not exactly correct. It might be that the police does not take action. Then anyone can sue another one in court for criminal charges. No prosecutor from the government involved. 3 1 1 Link to comment Share on other sites More sharing options...
ezzra Posted July 20, 2021 Share Posted July 20, 2021 4 hours ago, zappalot said: Not exactly correct. It might be that the police does not take action. Then anyone can sue another one in court for criminal charges. No prosecutor from the government involved. The smart thing will be to consult a lawyer whether you nee a legal representation or not, almost 100% sure that you will need a Thai lawyer to speak on your behalf, as to what extend you'll want the lawyer to be involved that will be up to you... 2 Link to comment Share on other sites More sharing options...
tonray Posted July 20, 2021 Share Posted July 20, 2021 4 hours ago, zappalot said: Not exactly correct. It might be that the police does not take action. Then anyone can sue another one in court for criminal charges. No prosecutor from the government involved. Thanks...was not aware Link to comment Share on other sites More sharing options...
malt25 Posted July 20, 2021 Share Posted July 20, 2021 Cut out the middle man. Pay the bribe yourself. 1 Link to comment Share on other sites More sharing options...
CANSIAM Posted July 21, 2021 Share Posted July 21, 2021 (edited) There's a good chance you will lose with or without a lawyer, if its not a very serious matter have another LEO and let it slip away......... Edited July 21, 2021 by CANSIAM Link to comment Share on other sites More sharing options...
Popular Post bbko Posted July 21, 2021 Popular Post Share Posted July 21, 2021 4 hours ago, zappalot said: Not exactly correct. It might be that the police does not take action. Then anyone can sue another one in court for criminal charges. No prosecutor from the government involved. So if the police/government prosecutor don't take action where is the criminal charge? Sounds more like a civil lawsuit. If you're having trouble knowing the difference between the two, I'd say you definitely need a lawyer. 3 Link to comment Share on other sites More sharing options...
fangless Posted July 21, 2021 Share Posted July 21, 2021 Are you suing for money or retribution? If for money then pay a lawyer on a percentage basis. If retribution, forget it,, this is Thailand! Link to comment Share on other sites More sharing options...
Satcommlee Posted July 21, 2021 Share Posted July 21, 2021 Sounds like a recipe for disaster, I suppose you could always speak through a translator. Link to comment Share on other sites More sharing options...
Popular Post Brick Top Posted July 21, 2021 Popular Post Share Posted July 21, 2021 (edited) 21 hours ago, bbko said: Sue in a criminal case? I know people can sue in civil cases, does Thailand allow lawsuits in criminal cases? Yes they do , I took out a private criminal prosecution on a Thai man who sold 4 cars off mine and instead of transferring the funds to my bank he spent the money himself. It cost me 91,000 for the case but was worth it as he got 8 years in jail in May last year. The police said it was a civil case but the judge accepted it as a private criminal case by myself, the charge was misappropriation of funds Edited July 21, 2021 by Brick Top 2 2 Link to comment Share on other sites More sharing options...
petedk Posted July 21, 2021 Share Posted July 21, 2021 (edited) 16 minutes ago, Satcommlee said: Sounds like a recipe for disaster, I suppose you could always speak through a translator. If you do that, you must make sure that the translator speaks and understands perfect English. I know a Thai judge and I was told that if a translator makes a mistake and even though the judge understands English and knows about that mistake, he has to follow the mistaken Thai translation of the translator. Edited July 21, 2021 by petedk 1 Link to comment Share on other sites More sharing options...
arick Posted July 21, 2021 Share Posted July 21, 2021 13 hours ago, zappalot said: Not exactly correct. It might be that the police does not take action. Then anyone can sue another one in court for criminal charges. No prosecutor from the government involved. Yes correct police don't have to be involved at all. Just go ahead sand let the courts decide for a criminal case or not. But be ready to be counters sued for defamation! Link to comment Share on other sites More sharing options...
Popular Post wordchild Posted July 21, 2021 Popular Post Share Posted July 21, 2021 21 minutes ago, arick said: Yes correct police don't have to be involved at all. Just go ahead sand let the courts decide for a criminal case or not. But be ready to be counters sued for defamation! i dont believe you could be sued for defamation, unless you commented on the case outside the court. That was certainly the advice I had in the past. As others have said, it is possible to bring a private criminal prosecution before a court in Thailand. I have done this myself in a situation where i was advised that the accused had most likely paid the police and public prosecutors off already. I won the case and the person concerned spent a short period in jail and was ordered to repay most of the money they had stolen from my company. It was an interesting insight into the Thai legal system and ,despite the fact that i was a foreigner bringing a case against a (fairly) hi-so Thai, I was treated well by the system and especially the (lower court) judge who seemed to be on my side from the start. However i wouldn't particularly recommend it because; 1) the case took a fair while to be heard due to perfectly legal delaying strategies by the defence. so the whole thing ended up being quite time consuming for me and 2) it cost a fair amount in legal and other costs. It was just about worth it. most of the money stolen was repaid , however legal costs took away about 50% of that. I wasnt in court for the sentencing or subsequent appeal but it was some comfort to hear of the stunned reaction of the defendant when they realized they were actually going to have to spend some time in jail. As always though, they managed to get out long before they had done their full sentence. 3 1 Link to comment Share on other sites More sharing options...
thrilled Posted July 21, 2021 Share Posted July 21, 2021 Of course. You don’t even want to go to a thai prison Link to comment Share on other sites More sharing options...
aboctok Posted July 21, 2021 Share Posted July 21, 2021 On 7/20/2021 at 12:46 PM, CharlieH said: To the best of my knowledge ONLY qualified Thai lawyers are permitted in a Thai court.. I assume you mean as an advocate? As a ritual sacrifice, I mean a litigant, surely everyone has an equal right to be skewered in a Thai court. Link to comment Share on other sites More sharing options...
simon43 Posted July 21, 2021 Share Posted July 21, 2021 2 hours ago, thrilled said: Of course. You don’t even want to go to a thai prison Luxury!! Try a prison in Myanmar or Laos... ???? Link to comment Share on other sites More sharing options...
steven100 Posted July 21, 2021 Share Posted July 21, 2021 13 hours ago, ezzra said: The smart thing will be to consult a lawyer whether you nee a legal representation or not, almost 100% sure that you will need a Thai lawyer to speak on your behalf, as to what extend you'll want the lawyer to be involved that will be up to you... exactly, to even consider representing yourself in a serious matter if it could involve jail is ridiculous. They will eat you up more so and easier than they will with a Thai lawyer. What's the point ... ! Believe me, I know the court system here .... been there many times. Link to comment Share on other sites More sharing options...
bradiston Posted July 21, 2021 Share Posted July 21, 2021 I had a case going against my neighbour and the police took it up and did a fair amount of detective work putting the file together. They sent it to the prosecutor's office and because of a tiny oversight on my part (I never signed the initial complaint) the prosecutor couldn't proceed. But later on I got a lot of support from fairly senior provincial police who insisted I could proceed with a private prosecution, and also solved a major part of my complaint against this guy out of court. I have approached 3 attorneys and not one is in the slightest bit interested in taking the case. I've resigned myself to the laws of natural justice prevailing. A lot cheaper, and less hassle! Not all Thai police are bent. I learnt a very important lesson. Link to comment Share on other sites More sharing options...
Speedhump Posted July 22, 2021 Share Posted July 22, 2021 My Thai lawyer was trying to cut a deal with police and the claimant against me to get the matter to court and raise the stakes and cut the police in, rather than settle. Luckily the police chief told my Thai friend at the police station to translate for me) who had done some good work for the police station and so was in with them. The lawyer had come recommended by a farang friend of mine who had used him for years for big business. So settle rather than go to court, or pay an arm and a leg for a white Bangkok lawyer whom you might possibly be able to trust. Link to comment Share on other sites More sharing options...
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