CHAPTER X. THE COURTS
Part 1. General Provisions
Section 188
The trial and adjudication of cases are the powers of the Courts which must be carried out in accordance with the laws and in the name of the King.
Judges and justices are independent in trial and adjudication of cases, in accordance with the Constitution and laws in the swift and fair manner, and without any partiality.
Section 189
All Courts may be established only by Acts.
Any establishment of a new Court or prescription of a procedure for the trial and adjudication of any particular case, or a case of any particular charge in place of a Court existing under the law for trying such case shall not be done.
Section 190
The King appoints and removes judges and justices. In the case where an office is vacated due to death, retirement, expiration of term, or being removed from office, the matter shall be reported to the King for information.
Section 191
Before taking office, a judge and justice shall make a solemn declaration before the King in the following words:
“I, (name of the declarer) do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the name of the King without any partiality in the interest of justice, of the people and of the public order of the Kingdom. I will also uphold and observe the democratic regime of government with the King as Head of the State, the Constitution of the Kingdom of Thailand and the law in every respect.”
Section 192
In the case of a dispute on the competent jurisdictions between the Court of Justice, the Administrative Court, or the Military Court, a ruling shall be made by a committee consisting of the President of the Supreme Court as Chairperson, the President of the Supreme Administrative Court, the Chief of Military Judicial Office and not more than four qualified persons as provided by law as members.
The rules and procedures for ruling on a dispute on the competent jurisdictions between the Courts under paragraph one shall be as provided by law.
Section 193
Each Court shall, except the Military Court, have a secretariat which is independent in personnel administration, budget and other activities, with the Head of the Office as the superior official directly responsible to the President of each Court, as provided by law.
The Court of Justice and the Administrative Court shall have its particular and appropriate salaries and remuneration system as provided by law.
Part 2. Courts of Justice
Section 194
The Courts of Justice have the powers to try and adjudicate all cases except those specified, by the Constitution or the law, to be within the jurisdiction of other Courts.
The establishment, procedures, and operations of the Courts of Justice shall be in accordance with the law thereon.
Section 195
There shall be a Criminal Division for Persons Holding Political Positions in the Supreme Court, the panel of which shall consist of at least five but not more than nine judges in the Supreme Court holding a position not lower than Justice of the Supreme Court or senior judges having held a position not lower than Justice of the Supreme Court who are elected, on a case-by-case basis, at a plenary meeting of the Supreme Court, in accordance with the Organic Act on Criminal Procedure for Persons Holding Political Positions.
The Supreme Court’s Criminal Division for Persons Holding Political Positions has the powers to try and adjudicates all cases as provided by the Constitution.
The criminal procedure for persons holding political positions shall be in accordance with the Organic Act on Criminal Procedure for Persons Holding Political Positions.
An appeal against a judgment of the Supreme Court’s Criminal Division for Persons Holding Political Positions may be submitted to the plenary meeting of the Supreme Court within thirty days as from the date of judgment of the Supreme Court’s Criminal Division for Persons Holding Political Positions.
The consideration of an appeal of the plenary meeting of Supreme Court under paragraph four, shall be undertaken by a panel of judges of the Supreme Court consisting of nine judges of the Supreme Court holding a position not lower than the Presiding Justice of the Supreme Court or senior judges having held a position not lower than the Presiding Justice of the Supreme Court who have never considered the case, and have been selected at the plenary meeting of the Supreme Court on a case-by-case basis, and when such panel of judges has made a decision, this decision shall be deemed as appellate decision of the plenary meeting of the Supreme Court.
In the case where the Supreme Court’s Criminal Division for Persons Holding Political Positions has delivered a judgment to remove any person from office or such judgment has the effect of removing any person from office, regardless of whether or not there is an appeal under paragraph four, such person shall vacate office as from the date of the judgment of Supreme Court’s Criminal Division for Persons Holding Political Positions.
Rules and procedures on appeal under paragraph four, and consideration of appeal under paragraph five, shall be in accordance with the Organic Act on Criminal Procedure for Persons Holding Political Positions.
Section 196
Personnel administration relating to judges of the Courts of Justice shall be independent, and shall be undertaken by the Judicial Commission of the Courts of Justice consisting of the President of the Supreme Court as Chairperson, and qualified members who are judicial officers of each level of the Court, and not more than two qualified persons who are not or have never been a judicial officer selected by judicial officer, as provided by law.
Part 3. Administrative Courts
Section 197
Administrative Courts have the powers to try and adjudicate administrative cases arising from the exercise of administrative power provided by law or from the carrying out of an administrative act, as provided by law.
There shall be a Supreme Administrative Court and Administrative Courts of First Instance.
The jurisdiction of the Administrative Courts under paragraph one does not include rulings made by Independent Organs pursuant to the direct exercise of their powers under the Constitution.
The establishment, procedures, and operations of the Administrative Courts shall be in accordance with the law thereon.
Section 198
Personnel administration relating to judges of Administrative Courts shall be independent, and shall be undertaken by the Judicial Commission of the Administrative Courts consisting of the President of the Supreme Administrative Court as Chairperson, and qualified members, who are judges of the Administrative Courts, and not more than two qualified persons who are not or have never been judges of Administrative Courts elected by judicial officers of the Administrative Courts, as provided by law.
Part 4. Military Courts
Section 199
Military Courts have the powers to try and adjudicate cases involving offenders who are subject to the jurisdiction of the Military Courts and other cases, as provided by law.
The establishment, procedures, and operations of the Military Courts as well as the appointment and removal of judges of Military Courts shall be as provided by law.
