Supreme Court Guidelines on Unfair Criminal Litigation Published in Royal Gazette

Matichon•Politics•1d ago

Reader Briefing

The Supreme Court President has issued new guidelines to prevent the abuse of criminal proceedings, aiming to ensure fair litigation practices.

•The Supreme Court President has published guidelines in the Royal Gazette regarding unfair litigation in criminal cases.
•The guidelines are based on Article 161/1 of the Criminal Procedure Code, empowering courts to scrutinize lawsuits for good faith.
•Specific behaviors and circumstances are outlined that may be considered evidence of unfair litigation, such as filing in distant jurisdictions or as retaliation for human rights advocacy.
•Courts are instructed to investigate suspicious cases and can dismiss lawsuits if clear violations of fair litigation principles are found.

•The Royal Gazette published guidelines from the Supreme Court President concerning unfair litigation in criminal cases, effective for the year 2026.
•The guidelines aim to ensure courts are not used as a tool against the fundamental values of justice and social order, by guaranteeing litigations proceed with good faith.
•The Supreme Court President invoked the authority under Article 5 of the Court of Justice Act to issue these guidelines.
•Article 161/1 of the Criminal Procedure Code grants courts the power to examine and filter criminal lawsuits to ensure they are filed in good faith and not for the purpose of harassment or undue advantage.
•The guidelines define unfair litigation as actions intended to harass, threaten, humiliate, or cause undue difficulty to the defendant, or to pressure them into unfair compromises.
•Circumstances considered as grounds for suspecting a violation include filing in a distant jurisdiction without evidential convenience, or filing in retaliation for advocacy.
•Courts are to investigate cases with suspicion of violating Article 161/1 by requiring clarification and evidence from the plaintiff, and may collect additional evidence.
•If a lawsuit is demonstrably found to be in violation of Article 161/1, the court may dismiss it at the initial review stage.

Full article content is available on the original source.

Supreme Court President(ประธานศาลฎีกา)

The official who issued guidelines on unfair litigation in criminal cases.

Royal Gazette(ราชกิจจานุเบกษา)

The official publication where the Supreme Court President's guidelines were published.

Criminal Procedure Code, Section 161/1(ประมวลกฎหมายวิธีพิจารณาความอาญา มาตรา 161/1)

The legal provision empowering courts to scrutinize criminal lawsuits for good faith.

Court of Justice Act(พระธรรมนูญศาลยุติธรรม)

The legislation under which the Supreme Court President issued the guidelines.