Specialized Appeal Court in ThailandComments Off on Specialized Appeal Court in Thailand
In 2015, the Court of Appeal for Specialized Cases was authorized by the Establishment of the Court of Appeal for Specialized Cases Act B.E. 2558 to try and decide cases appealed from specialized courts. The adjudication process involves a forum of judges with specific knowledge and expertise in each area and will create uniformity in the appellate adjudication.
It must be noted that cases in which a judgment was rendered before shall follow the appeal procedure of the previously applicable law. On the contrary, cases where the appeal has been submitted, shall proceed in trial and adjudication. Regarding dispute over jurisdiction, the President of the Court of Appeal for Specialized Cases shall issue a ruling and it is considered final.
The Court of Appeal for Specialized Cases has five divisions: Intellectual Property and International Case Division, Tax Case Division, Labor Case Division, Bankruptcy Case Division, and Juvenile and Family Case Division.
Intellectual Property and International Case Division
This division has the purpose of adjudicating cases that are submitted for an appellate review of a judgment rendered by the Central Intellectual Property and International Trade Court under the adjudication of judges with specific knowledge and insight in the field. Additionally, this division is empowered to decide civil and criminal cases regarding intellectual property and international trade. The types of cases include civil and criminal cases concerning trademarks, copyrights, and patents.
Tax Case Division
The Tax Case division is mostly about disputes between the public and private sector regarding the assessment or collection of tax and revenue by public officers. The forum of judges then consists of those that have specific knowledge and insight on tax problems. The types of cases that are filed to the Court are appeals against any decision of any competent officer, claims by the state over tax and revenue debt, or tax refunds.
Labor Case Division
Cases in this division are about disputes between employers and employees, for example regarding employment agreements, or rights of employers and employees under the labor protection law and labor relations law. This also includes an appeal against a decision of the competent official under the law of labor protection and cases arising from wrongful acts between employers and employees. Therefore, this division is authorized to decide over the appeal of cases on labor law.
Bankruptcy Case Division
The Bankruptcy Case division is authorized to adjudicate bankruptcy cases according to the law on bankruptcy. This division can also decide over appeals of civil cases and criminal cases under the bankruptcy law.
Juvenile and Family Case Division
This division is empowered to review the appeal of a judgment or order by the juvenile and family court by applying the provision of the Civil Procedure Code or the Criminal Procedure Code. However, appeals are prohibited when the judgment is concerning a child over ten years but not over fifteen years of age, or the change of criminal punishments into lenient punishments for minors.
Cases that are filed to the division concerning criminal offences committed by a minor, cases that are transferred by the Court having jurisdiction over the case, family law, well-being protection cases, or cases that a minor shall be tried before a juvenile and family court.
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