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Military courts of Thailand

From Wikipedia, the free encyclopedia

The military courts of Thailand ( Thai : ??????? ; RTGS san thahan ) are judicial bodies with criminal jurisdiction over members of the Royal Thai Armed Forces and sometimes also over civilians as may be assigned by law, [1] as was the case from 25 May 2014 until 12 September 2016 following the 2014 Thai coup d'etat . [2] [3] [4]

Unlike other courts in the judicial system of Thailand , military courts are subject to the Ministry of Defence and are operated by the military's Judge Advocate General's Department. [1]

Procedure [ edit ]

The current procedural law governing the military courts is the Military Court Organisation Act 1955 ( Thai : ??????????????????????????? ?.?. ???? ). [1] The act allows the Judge Advocate General of Thailand ( Thai : ????????????????? ) to establish court regulations. [5] In wartime or during the imposition of martial law , military courts may adopt special procedures. [1]

Judges [ edit ]

Military court judges ( Thai : ??????? ) are serving military officers of two types: "general judges" ( Thai : ???????????? ) and "judge-advocates" ( Thai : ????????????????? ). [1] General judges are officers for whom legal training is not a prerequisite. Judge-advocates are trained and accredited in the law. [1]

Structure [ edit ]

According to the Military Court Organisation Act 1955 , military courts consist of three tiers: courts of first (trial court), second (appellate court), and third instance (final court of appeal). [1]

Name Quorum Notes
Military courts of first instance
Military province courts ( Thai : ?????????????? )
  • Established in every military province ( Thai : ??????????? ), except provinces with Military Prefectural Commands ( Thai : ??????????????? )
  • Empowered to exercise jurisdiction over members of the armed forces other than commissioned officers
Military prefecture courts ( Thai : ??????????? )
  • Established in every military prefecture ( Thai : ???????? ), except the prefecture where the Bangkok Military Court is located
  • Empowered to exercise jurisdiction over all members of the armed forces other than general officers
Bangkok Military Court ( Thai : ?????????????? ) Invested with unlimited jurisdiction
Military unit courts ( Thai : ????????????????? ) Established within a military body of no fewer than 1,000 members outside Thailand
Military courts of second instance
Central Military Court ( Thai : ??????????? )
Military courts of last resort
Supreme Military Court ( Thai : ????????????? )

The act permits the establishment of special military courts, known as war crime courts ( Thai : ?????????? ), in time of war or during periods of martial law. [5]

See also [ edit ]

References [ edit ]

  1. ^ a b c d e f g "????????????? ??????????????????????????" . iLaw (in Thai). Bangkok. 2014-05-28 . Retrieved 2018-07-07 .
  2. ^ "Military Court in Thailand under NCPO regime" . iLaw Freedom of Expression Documentation Center . iLaw. 2015-10-29 . Retrieved 12 September 2018 .
  3. ^ Audjarint, Wasamon (2016-09-19). " 'No justice in military courts' " . The Nation . Retrieved 12 September 2018 .
  4. ^ "Thailand: No New Military Trials of Civilians" . Human Rights Watch . 2016-09-13 . Retrieved 12 September 2018 .
  5. ^ a b admin (2014-05-29). "?????????????? ? ?????????????????????????" . news.mthai.com (in Thai). Bangkok: MThai.com . Retrieved 2018-07-07 .

External links [ edit ]