The Supreme Court is the highest court where the President of the Supreme Court, acts as the Chief Justice of the Supreme Court. The Supreme Court has power to try and adjudicate cases which are appealed on judgments or orders rendered by the Courts of Appeal in accordance with the provision of the Dika Appeal, and cases which are under the jurisdiction of the Supreme Court as prescribed by the special law. There is only one Supreme Court in Thailand which is located in Bangkok. The ordinary quorum in the Supreme Court consists of three justices of the Supreme Court. However, in special cases where there are important issues, whether factual or legal issues, and the President of the Supreme Court deems it appropriate to bring the case to be adjudicated by the plenary session of the Supreme Court, the President of the Supreme Court therefore has authority to bring such cases to be adjudicated by the plenary session of the Supreme Court.
According to the promulgation of the Civil Procedure Code Amendment Act (No. 27) B.E. 2558 (2015) which has come into force since November 8, 2558 (2015), the Supreme Court shall have the power to consider whether cases submitted for the dika appeal to the Supreme Court deserves the permission for the adjudication of the Supreme Court. This results in the change of the appeal and dika appeal system, from a right-based system to a permission-based system, in the Civil Procedure Code of Thailand. If the Supreme Court does not permit the dika appeal, a judgment or an order rendered by the Court of Appeal is final. As a result, the adjudication of the Court of Justice will genuinely be effective and fair to all related people without any delay.
The Criminal Division for Persons Holding of Political Positions
Following the adoption of 1997 Constitution, the Criminal Division for Persons Holding of Political Positions was set up in the Supreme Court to act as a trial court in cases where the Prime Minister, a Minister, a member of the House of the Representatives, a senator or other political official is accused of becoming unusually wealthy, committing malfeasance in office according to the Criminal Code, performing duties dishonestly, or of corruption under other laws.
According to the 2017 Constitution, the quorum of this special division of the Supreme Court consists of nine justices of the Supreme Court who hold positions of not lower than justices of the Supreme Court or the senior justices in the Supreme Court, and are elected by a plenary session of the Supreme Court on a case by case basis. A judgment will be made by a majority of votes; provided that each justice constituting the quorum will prepare a written opinion and make oral statements to the meeting before making decision. Orders or judgments of the Supreme Court Criminal Division for Persons Holding of Political Positions must be disclosed and can be appealed to the plenary session of the Supreme Court Justices.
The appeal 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 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.