CHAPTER VIII The Courts
Part 3 Courts of Justice 271-275
Section
271. The Courts of Justice have the powers to
try and adjudicate all cases except those specified by this Constitution or
the law to be within the jurisdiction of other courts.
Section 272.
There shall be three levels of Courts of Justice, viz, Courts
of First Instance, Court of Appeal and the Supreme Court of Justice, except
otherwise provided by this Constitution or other laws.
There shall be in the Supreme Court of Justice
a Criminal Division for Persons Holding Political Positions the quorum of which
consists of nine judges of the Supreme Court of Justice holding a position of
not lower than Judge of the Supreme Court of Justice and elected at a general
meeting of the Supreme Court
of Justice by secret ballot and on a case-by-case basis.
The competence of the Supreme Court of Justice?s
Criminal Division for Persons Holding Political Positions and the criminal procedure
for such persons shall be as provided by this Constitution and the organic law
on criminal procedure for persons holding political positions.
Section 273.
The appointment and removal from office of a judge of a Court
of Justice must be approved by the Judicial Commission of the Courts of Justice
before they are tendered to the King.
The promotion, increase of salaries and punishment
of judges of the Courts of Justice must be approved by the Judicial Commission
of the Courts of Justice. For this purpose, the Judicial Commission of the Courts
of Justice shall appoint a sub-committee in each level of Courts for preparing
and presenting its opinion on such matter for consideration.
Section 274.
The Judicial Commission of the Courts of Justice consists
of the following persons:
(1) President of the Supreme Court of Justice
as Chairman;
(2) twelve qualified members of all levels of
Courts, four persons from each level, who are judges of each level of Courts
and elected by judicial officials of all levels of Courts;
(3) two qualified members who are not or were
not judicial officials and who are elected by the Senate.
The qualifications, prohibitions and procedure
for the election of the qualified members shall be in accordance with the provisions
of the law.
Section 275.
The Courts of Justice shall have an independent secretariat,
with the Secretary-General of the Office of the Courts of Justice as the superior
responsible directly to the President of the Supreme Court of Justice.
The appointment of the Secretary-General of the
Office of the Courts of Justice must be approved by the Judicial Commission
of the Courts of Justice.
The Office of the Courts of Justice shall have
autonomy in personnel administration, budget and other activities as provided
by law.
More on Constitution of the kingdom of Thailand, B.E. 2540 :
CHAPTER I - General Provisions 1-7
CHAPTER II - Amendment of the Constitution 8-25
CHAPTER III - Rights and Liberties of the Thai People 26-65
CHAPTER IV - Duties of the Thai People 66-70
CHAPTER V - Directive Principles of Fundamental State Policies 71-89
CHAPTER VI - The National Assembly
CHAPTER VII - The Council of Ministers 201-212
CHAPTER VIII The Courts
CHAPTER IX Local Government 282-290
CHAPTER X Inspection of the Exercise of State Power
CHAPTER XI State Audit 312
CHAPTER XII Amendment of the Constitution Transitory Provisions 313
Transitory Provisions 314-336
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