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2. Criminal Law and Civil Law

3. A quick introduction

4. First, on laws and why do we need them?
Let’s study simple societies

5. Why do we need laws?
They had resources
Also there were many other groups

6. Or maybe fight over woman
Or man
Why do we need laws?

7. That is how crude societies were
Why do we need laws?

8. So, simple rules must be established to get more resources, acquire a better territory, and
protect the members of the group
Why do we need laws?

9. simple rules like:
Why do we need laws?

10. Because of these simple rules they
were able to survive as a group or as neighbors
Why do we need laws?

12. Used to control relationships between individuals that are related the laws
For Thailand, these laws are compiled and collected in the
“Civil and Commercial Code”
Code = systematic
and organized
collection of rules
ex. written rules and
laws
Page 2

13. Page 2

14. • To disobey or
violate the
provisions of
Civil and
Commercial
Code (the
laws)
Civil
Offence
• When a
person shows
intentional
act and wish
that the laws
enforce
it/follow the
laws
Legal Act
• A kind of legal
acts formed
by an
agreement to
build legal
relationship
between two
or more
parties
Contract
Page 2
Civil
Liability
can be
observed
here…
…And here

15. Contracts are written or spoken agreement, especially one concerning
employment, sales, or tenancy, that is intended to be enforceable by law.
Types of Contracts
Contract of Sale =
A contract of the
transfer of ownership
of property from the
“SELLER” to the
“BUYER”
Loan Contract =
A contract between a
“LENDER” and a
“BORROWER”
whereby an amount
of money is
borrowed
Hire of Property
Contract =
A contract between
the “LETTER” and a
“HIRER” who benefits
from the hired
property for a limited
time
Hire of Purchase Contract =
A contract whereby the
owner leases his property
to a “HIRER” w/ a promise
of sale after the payment
ends
OR
The owner allows the
“HIRER” to possess the
property for a certain time
on the condition that the
“HIRER” must pay
Contracts should not
violate any law or it
should not bring
harm to anybody
Page 2-10

16. There are
two types
of
properties
Properties that can
be:
a.) Can be Sold
b.) Can’t be Sold
PROPERTIES
Can be Sold Can’t be Sold
Immovable
Properties
Movable
Properties
Ex: Land, house,
building, trees
etc.
Ex: Cars,
phones, tables,
chair
Properties that are
protected by laws
from being sold
i. Can’t be sold as a personal
property ex. Rivers, preserved
forest and land etc.
ii. No one can sell their rights
that can’t be transferred
iii. Properties with
“restraints” on them ex.
Drugs, gun etc.
iv. Temple lands and
buildings
v. Properties registered for
restraint on “Alienation
> Format of the Contract<
a. Written and registered
b. This is needed especially for
bigger and expensive properties
c. The signatures and witnesses are
also needed and important
Page 2-6

17. Buyer Seller
Page 5-6

18. Evidence of
Loan
• a. Any amount higher than 2,000 Baht needs a written contract.
• b. Or a contract can be replaced with a letter or memorandum
with signatures or finger prints.
• c. Otherwise, the law could not protect the borrower or the
lender.
Paying back
the loan
• a. After paying the amount, the BORROWER can ask for written
statement with signature from the LENDER saying the money is paid.
• b. The LENDER should give the loan contract to the BORROWER after
the money is paid.
• c. A letter of cancellation with signatures can be written as a proof
showing that the loan is cancelled.
Interest rate
for the loan
• a. The law allows for LENDERS to charge 15% interest rate (the fee to be
paid aside from the money borrowed)
• b. If the interest rate is too high, there’s a chance that the loan can
become invalid or the LENDER could not receive the interest rate
payment.
• c. There are special banks that can charge more than 15% interest rate.
Page 6

19. Where did you
get the money to
buy this
motorbike?
I borrowed
from that ugly
gorilla
Did you just
call me ugly?
Give me back
my money!

20. Something is
paid in small
parts/amounts
during a fixed
period of time
Installment Payment
Loan is when you
borrow money
and pay it back
little by little over
a fixed time
period
Example: LOAN
Buying things
using a credit
card and then
paying little by
little over a fixed
time period
Example: CREDIT
What is INSTALLMENT PAYMENT

21. • Hire of movable properties does not always
need to have a contract. Oral agreements
sometimes is enough
• Contracts for movable properties can be
written or oral (assuming everything is good).
i. Hire
Principles
for Movable
Properties
• A contract is always needed with proper
signatures so the law will recognize and
guarantee protection.
• The hire of properties for more than three
years needs a contract, with signature and
registration to the proper government office.
ii. Hire
Principles for
Immovable
Properties
Duties of the LETTER:
a. Handover the property that is
hired
b. The LETTER is responsible for any
defects or problems with the
property during the hire period.
Duties of the HIRER:
a. Take care of the property
b. Pay the rent on time
c. Allow the LETTER for checking and
inspection
d. Not use the property in any other
way aside from its intended purpose
HIRER
LETTER
Room for
rent/hire
Contract
HIRER =
The person
who “hires”
LETTER =
The person
who “lets”
things get
hired/rented
Page 7-8

22. In a HIRE PURCHASE, the owner of a property
can lease the property and then:
a. Sell the property to the HIRER after the last
installment/payment
b. Allow the Hirer to have the property during
the payment period.
A written contract is needed in a Hire Purchase
Step
1
Step
2
Step
3
The HIRER does not own
the property during this
period
A HIRE PURCHASE is not the same
with INSTALLMENT PURCHASE
In Hire PURCHASE:
a. You don’t own the
property as soon as
you get it.
b. You are just hiring
and paying.
c. Can choose the pay
and buy the property
at the end of the
payment or not.
In INSTALLMENT
PURCHASE:
a. As soon as you pay
the down payment,
you already own the
property and can do
what ever you want
with it.
b. Whatever happens
to the property, you
still have to complete
paying for the
installment.Page 9-10

23. In a Hire Purchase
Contract, the
LETTER and the
HIRER must do the
following

24. LETTER:
a. For immovable property, the
LETTER should register a hired
purchase property to right
government office with the
right and correct contract.
b. If there is not registration
and no proper contract, the
HIRER can sue and ask the help
of the COURTS to force the
LETTER to register the contract
and transfer the property
HIRER:
a. Must pay the
installment and fee and
to also follow the
contract.
b. IF the HIRER can not
pay on time or missed 2
consecutive payments,
the LETTER can
terminate the contract
and can keep any money
paid earlier.
Both sides
must
make a
written
contract
with the
right
signatures
Page 9-10

25. Contracts are written or spoken agreement, especially one concerning
employment, sales, or tenancy, that is intended to be enforceable by law.
Types of Contracts
Contract of Sale =
A contract of the
transfer of ownership
of property from the
“SELLER” to the
“BUYER”
Loan Contract =
A contract between a
“LENDER” and a
“BORROWER”
whereby an amount
of money is
borrowed
Hire of Property
Contract =
A contract between
the “LETTER” and a
“HIRER” who benefits
from the hired
property for a limited
time
Hire of Purchase Contract =
A contract whereby the
owner leases his property
to a “HIRER” w/ a promise
of sale after the payment
ends
OR
The owner allows the
“HIRER” to possess the
property for a certain time
on the condition that the
“HIRER” must pay
Contracts should not
violate any law or it
should not bring
harm to anybody
Page 2-10

26. Civil and Commercial Laws
Civil Offence and Civil Liability Civil Justice Procedure
(graph on page 12)
Hire of Property
Contracts
Hire Purchase
Contracts
Civil Offence Civil Offence
Contracts
Contract of Sale Loan Contracts
When there is a lawsuit, when there is a
violation of civil laws = going to the court ,
solve problem related to civil laws
Plaintiff DefendantVS
Someone who
brings a
complaint/problem/
issue/case to the
courts because a
civil law is broken.
Someone who
defends himself in a
court because he is
accused of breaking
civil laws.
Attorneys are
hired by both
sides
Lawsuit: A dispute/argument brought to the court
Litigants: People involved in a lawsuit
Page 11
All of this are examples following
the Civil Laws of Thailand

27. The problem to be solved in Civil and Commercial laws are the
damages to private individuals.
(there’s not a need for someone be dead before these laws work)

28. Want to buy my car?
You can pay in
installments.
Just pay 5 Thousand a
month.
This car is much
better. Buy it. 3
Thousand a month!
Buy me for me.
No installment
payments!

29. This is my mind map
for the topic “Civil and
Commercial Laws
Make one for yourself. Do it
your notebook
Make a mind map of the
“Civil and Commercial
Laws”
Contract topic pages 2-10
Do it in your notebook.
Include the most
important information you
need to easily remember
the Contract topic.
Focus more on the 4 types
of contracts discussed in
the class

31. Criminal Law
1st definition and ideas
Criminal Law is law that
stipulates offences and
punishment for all acts
that break Criminal Laws
So where is the Criminal
Law for Thailand
stipulated?
In the Criminal Code
Offences that break “Acts”
or laws like the Gambling
Act, Land Traffic Act or
Addictive Drug Act will also
be punished according to
the laws
Stipulate = “To specify”
“To tell and explain”
Act = Laws or kinds of
Laws
Page 12
Criminals must be punished not only because they broke the law but
also because they can bring harm to other people

32. Criminal Law
2nd definition and ideas
Criminal Law applies to everyone
Ex: You steal, you’ll be punished.
When the actions or offences are committed
There should already be laws to punish these actions. If no laws were passed for an
action, no punishment will be given to the actions.
Criminal Law
Law that states clearly about actions which are considered
“offences”.
Page 12

33. Characteristics of Criminal Offence and
Criminal Liability
Liability =
Responsibility

34. Criminal punishments
given to violators depend
on the nature of their
crime.
No one shall be punished
unfairly.
Page 13-14
A person shall have criminal
liability when he/she
commits the following:
1. To commit acts intentionally
• When a person knows his acts and the cause of his
actions (stabbing someone out of anger)
2. To commit acts negligently
• When a person commits acts that are careless
even if unintentional will be punished (ex. Car
accidents, negligence of duties)
3. To commit an act unintentionally
• When a person commits an act but he/she does
not see the effect of the act (ex. Fighting with
someone and “accidentally” killing them)
• (Note: Special case for Self-defense)

35. There are different degrees
of Criminal Punishment
depending on the nature of
the offence (and other
factors considered)
Page 14
CriminalPunishments
First Level:
Death Penalty
Second Level:
Imprisonment
Third Level:
Confinement
Fourth Level:
Fine
Fifth Level:
Forfeiture of Property
the place of the
confinement can be
the dwelling of the
offender
Enforced by lethal
injection. The death
penalty is not imposed
immediately.
life imprisonment in
Thailand means
imprisonment for the
rest of the lifetime of
the convict
If the person fails to pay the fine,
the Thai authorities will seize his
or her property or the person will
be confined. One day of
confinement will then be counted
as the payment of 200 THB.
Subject to forfeiture are items which
people are not allowed to possess by
law (like drugs) and things that are
used or possessed for the use in the
commission of an offence (e.g. the
weapon used in an assault).

36. In 1938 convicts were executed using
a single fire rifle.
There was also execution by firing
squad many years ago
In modern time, Thailand uses lethal
injections

37. Different types of Criminal Offences

38. 1. Offence Against
Property
Act of
Theft
Act of
Snatching
Robbery
Gang-
Robbery
Page 15-16

39. 2. Offence Against
Life and Body
Offence causing
death
Offence against body
(and mind)
(punishment depends on severity)
Committing the
act by negligence
to life and body
Page 16-17

40. What about accidents?
Results because of an
accident?

41. The Criminal Justice Procedure

42. Criminal Justice Procedure is the
process for criminal trial when
there is a criminal offence against
someone.
The process will also determine
what punishment the offender will
have if he/she is proven guilty.
Key players in a trial:
i. Suspect, Accused, Defendant
ii. The Victim
iii. Administrative or Police
iv. The Prosecutor
v. The Court

43. What is the
process?
If the Victim
decides to go
make a report
with the police:
A prosecutor is a
lawyer who
represents the
country/state that
will try prove
whether someone is
guilty of
wrongdoings
NOTE!

44. What is the
process?
If the Victim files a
lawsuit to the
court:
Lawsuit = A claim or
dispute/argument
brought to a court
(usually damaging
ones)
NOTE!

45. Note: If the issue and problem can
be solved within the police station,
then the problem does not need to
be brought to any court.
The problem is solved between the
people with the help of the police.
This is true for minor offences such
as fighting or small damages to
property because of accidents.