THAI LAW - Compromise
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| Thai Law Compromise |
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in Thailand’s court system whenever you have a case between two parties; civil
or criminal, you will always have the chance to compromise the case. Even a
murder case that is submitted by a private person can be compromised with the
case withdrawn at anytime, though there are limits to this power. Big cases
such as drugs or a murder case that is being prosecuted by a district attorney
or the police cannot be compromised by the law though the punishments may be
altered by a judge within the boundaries of the law according to their
judgment.
Another
way that compromising works with Thailand’s legal system is through the Thai
police. Small cases such as car accidents etc. can be compromised by the
police; this extends to civil cases such as damages, enabling them to settle
and then terminate a case before it reaches the court system if both parties
agree. If the two sides do not agree they will then have to go through the
court system to seek justice, this is usually a waste of time and resources and
even if you are in the right it can take years to receive compensation. Though
it depends on a case by case basis, what type of case and what they stand to
win.
During
any court process between two parties the court will always try to get both
parties to negotiate in an effort to move the process along quickly and
smoothly without wasting the resources of the court whilst operating within
Thai law. It seems to be that compromising is usually to the benefit of all
parties involved as the party that needs to pay up can negotiate a lower fee to
close the case, the party that is in the right will receive payment of damages
or compensation swiftly though it may not be the full amount owed and the court
will close a case that could be fought over for years to come. You should
always be prepared to compromise or at least listen to the other parties offers
as the Thai court process is slow and requires a lot of patience.
It
is the courts job to be fair and they will always try to work for the benefit
of all parties involved. By having a system in place that places negotiations
and mediation first, it allows most cases to be talked out and conflicting
sides to be able to come to an agreement if possible. Though they will give you
every chance to make a deal, once a case has gone past that phase there is no
turning back. The court will stress to the prosecutor that they may stand to
win nothing at all if they were to lose the case, along with lawyer fees
stacking up as well. With the alternative of getting payment today or in the
near future to a reasonable sum from the amount requested. Taking a case or a
disagreement to a courtroom has been known to be a negotiation tactic before,
whereby the party takes another party to court in order to get a better price
on the amount of money they feel they’re entitled to.
Though
we are experts when it comes to the Thai legal court process, we will always
recommend you to exhaust your options first. Many clients are culture shocked
when they experience the Thai justice system themselves for the first time; it
is not like in the west or any other country as a matter of fact and can be
confusing and exhausting. By protecting yourself and having the right advice
and counsel you will be prepared and will be able to make the decisions that
are right for you.
THAI LAW - Compromise
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