Background

Thailand has a criminal appeal process that allows defendants convicted of a criminal offense to appeal to the Intermediate Court of Appeals, and, subsequently, to the Thailand Supreme Court. Unlike many Western jurisdictions, Thailand also allows prosecutors to appeal, under certain circumstances, when a defendant wins his case at the trial court. Thailand's criminal law includes many of the same defenses that one would find in Western jurisdictions. However, the law concerning the rules of evidence, and the assertion of a defendant’s constitutional rights in a criminal case, are not as well developed in Thailand. Moreover, there are no jury trials in Thailand, and all criminal trials are adjudicated by judges.

Some common legal arguments used in criminal appeals include:

Improperly Admitted Evidence: The Thailand law of Evidence is found primarily in the Code of Criminal Procedure and certain case law. Evidence must be relevant and lawful. Judges may admit evidence that has less weight or relevance, in their discretion, but may assign a low “weight” or value to the evidence. When evidence is used by a court to obtain a conviction, and that evidence is not relevant, credible, or legal, this may be a basis for an appeal.

Evidence Excluded Improperly: A defendant in a criminal case is legally entitled to present relevant evidence during a defendant's trial, which includes witnesses’ testimony. a defendant may be able to appeal if a judge improperly excluded a witness from the trial who could have testified on a defendant r behalf.

Cross-Examination Was Improperly Limited: The Thailand Constitution and the Thailand Criminal Procedure Code guarantee a defendant r right to cross-examine the prosecution’s witnesses. If the judge restricted a defendant r right to cross-examination, a defendant may be able to ask for the conviction to be overturned.

Defendant’s Statement or Confession Was Improperly Admitted: The Thailand Constitution and rules of evidence prevent courts from admitting many out-of-court statements, including many confessions made by a defendant. If a statement a defendant made was admitted to the court, we might appeal based on hearsay or other legal error.

Lack of Probable Cause: The police must have probable cause to obtain a search or arrest warrant. There are specific regulations that police must comply with to conduct a search or make an arrest. There must be a sufficient factual and legal basis to support a police search or arrest.

Lack of Sufficient Evidence: The prosecution’s burden is to prove a defendant committed the crime beyond a reasonable doubt. This is the highest burden of proof in the court system. There must be no reasonable doubt remaining about whether or not a defendant committed the offense. If the prosecution did not present enough evidence to reach this burden, a defendant may use this as a basis for the conviction to be reversed.

Violation of Double Jeopardy: A defendant has the constitutional right not to be tried for the same crime twice. If a defendant were acquitted of a crime, the prosecutor cannot try to convict a defendant of that crime, in the same jurisdiction, again.

Violation of Right to Speedy Trial: Thailand law grants a defendant the right to a speedy trial. Once a defendant is arrested or charged with a crime, the criminal court process must move at a reasonable pace. There are specific laws that police and the prosecutor must comply with to ensure that the Defendants’ right to a speedy trial is protected.

Mental Incompetence: A defendant must be mentally competent to stand trial. If a defendant has a mental disorder or developmental disability that makes them unable to understand the nature of the criminal proceedings, then they may not be mentally competent. Lack of mental competence may be a basis for an appeal.

Defendant’s Actual Innocence: In general, appellate courts do not review new evidence on appeal. However, the sufficiency of evidence in the trial court record can be contested on appeal. In other words, an appeal can argue that the judge had insufficient evidence to convict the defendant. Also, in Thailand law, there are certain exceptions where new evidence can be submitted on appeal.

Sentencing Error: Thailand judges are limited by law to the sentence they can impose. If the sentence a defendant receives violates Thai sentencing laws, a defendant may be able to fight to have a defendant r sentence overturned and revised.

Violation of the Statute of Limitations: Different crimes have different statutes of limitation under Thai law. . If the charges were brought against a defendant too late, or trial was delayed for too long, a defendant, this may be a basis for an appeal.

Our Experience

Chaninat and Leeds attorneys have assisted multiple clients who come to us after having lost their criminal case using another attorney, and requesting that we handle the appeal. We have succeeded in having criminal convictions reversed on appeal. We have successfully argued appeals for a person convicted of major criminal offenses and obtained reversals of the judgment. In 2023, we successfully had a death penalty sentence and conviction overturned and obtained an acquittal and freedom for our client. As a result of our appeal defense, the client was freed shortly after we won the case. We also assist with obtaining compensation from clients who have been wrongfully convicted.