Coming to court for the first time, whether as a defendant, third-party witness or victim, can be an intimidating experience, and anxiety can be exacerbated by the fact that as a foreigner, you are attending court proceedings in a language that you do not understand. Reading this, you might be getting ready to go to court, or you might have already been to court and are frustrated and confused by what you experienced. We hope that these short points about will be helpful to give you some idea of what to expect or to understand what you already saw take place.
Behavior In A Thai Courtroom
Thai court does not resemble the dramatic and tense scenes you may be familiar with from reality television or crime shows. Because of the typical Thai easy-going and face-saving attitude, there is much smiling and gentle laughter all through the hearings, which can unnerve westerners. Rest assured this does not mean that your case is not being taken seriously; the various parties are merely being polite and keeping emotions under control. Loss of temper and dramatic flair is generally seen as childish and unprofessional. Also don’t be surprised to see your lawyer acting friendly and chatting with the opposing counsel. Again, this sort of actions is mainly for the purpose of “testing” out the other side, and showing off how calm and collected one is.
Dress code In A Thai Court
As courts are considered government offices, tidy and professional dress is required. This means dresses, skirts or long slacks for women, and long slacks for men. Business suits are not an absolute requirement, but you should ask your lawyer’s opinion about wearing one, to best suit your image and role in the trial or hearing. Women should not wear form-fitting or cleavage-revealing clothing. Shoes should cover toes and heels, or have straps that fasten around the heels in the case of sandals. Most courtrooms will have a sign instructing to remove and leave open-toed shoes or slip-on shoes at the door. Not only are such type of shoes perceived as being unprofessional, it helps to prevent the very real incident of shoes being quickly slipped off and thrown in the room!
Protocols In Thai Courts
When the quorum of judges enters from a separate door in the back of the courtroom, all persons in attendance must rise and wait for the judges to be seated. Do not sit with cross legged or arms when the judges are in the room. When asked to approach the bench, give a bow to the judge before starting to speak. Also stand up whenever directly addressed by a judge, or when requesting permission to speak.
Video and audio recordings and photographs are strictly as well as use of other electronic devices is strictly prohibited during hearings.
Times are not as strictly enforced as what westerners might be used to. For example, a witness appointment may be at 09.00, but the actual proceeding might not start until 10.30. This largely depends on what type of hearing it is. If a trial is set, then it tends to be on time, but or other types of hearings, there can be up to more than 5 cases in a room, and the courtroom assistant will arrange them by how long each one is estimated to take. And since cases with foreigners are generally longer because interpretation is involved, don’t be surprised if your case is saved for last!
Thai Courtroom Process
Before you testify as a witness, the judge will tell you to take an oath (swear to tell the truth) by the religion you identify with or give a non-religious oath. The judge will ask some standard preliminary questions and then go to questioning by the defense lawyer, prosecuting lawyer or public prosecutor. After questioning, it goes to cross-examination by the opposing party, and then back again to the first party for redirect questioning.
There is no real-time stenography or recording during testimony. Instead, the judge speaks into an electronic recorder to be transcribed by the courtroom assistant. Sometimes it is word-for-word what the witness says; other times the judge edits for clarity. This statement is read back to the witness and other parties at the end, any necessary corrections are made, and the statement is signed by all involved parties.
A report of the hearing is also made, summarizing the day’s proceedings, stating who was present, and giving the next court date if any. This is also signed by all involved parties.
And so ends your first time in Thai court, we hope you enjoyed it and the verdict was a good one for you!
