Section 157 — Filing a Charge with the Competent Court
Statutory text (Thai original)
การฟ้องคดีอาญาให้ยื่นฟ้องต่อศาลใดศาลหนึ่งที่มีอำนาจตามบทบัญญัติแห่งประมวลกฎหมายนี้หรือกฎหมายอื่น
English translation
A criminal charge shall be filed with any one of the courts having jurisdiction under the provisions of this Code or of another law.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This section opens Title 1 on the filing of criminal charges and preliminary examination, and it states the basic rule of jurisdiction: a charge must go to a court empowered to hear it, whether that power comes from this Code or from other legislation. It is the gateway to the venue and jurisdiction rules that follow and connects to the special jurisdiction regimes, such as military courts, that other statutes create. Getting the correct court is a threshold requirement, and jurisdiction is fixed by the nature of the case rather than by the court's acceptance of the charge.
Why this matters in practice
Filing in the wrong court can derail a case, so identifying the court with jurisdiction is one of the first decisions in any prosecution. This matters especially where a case might fall under a special jurisdiction, such as the military courts, because the case's true nature, not the label the plaintiff attaches, decides where it belongs. Confirming the right venue at the outset saves time and avoids a dismissal on jurisdiction. Understanding how going to court in Thailand works can help you prepare.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 522/2522 (1979)
Where a case falls within military-court jurisdiction from the moment the charge is accepted, the charge must be filed with the court having jurisdiction under Section 157. A civilian court cannot acquire the power to try such a case merely by ordering the charge accepted.
The offence date placed the case within the jurisdiction of the military court, which appeared from the outset when the charge was accepted. The Court reasoned that filing must be with the court having jurisdiction under Section 157, and that a civilian court could not gain trial power simply by accepting the charge.
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Supreme Court Judgment No. 1640/2503 (1960)
Where the facts pleaded fall only under an offence within a civilian court's competence, the mere citation of an additional section that would fall under military-court jurisdiction does not force the charge to the military court, and the civilian court may examine and accept the charge on the civilian offence.
The plaintiff cited both a section within military-court jurisdiction and one within civilian jurisdiction, but the pleaded facts fit only the civilian offence. The Court held the case did not have to go to the military court and that the trial court properly examined and accepted the charge on the civilian offence.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Which court do you file a criminal case with in Thailand?
Under Section 157, a criminal charge must be filed with a court that has jurisdiction under the Criminal Procedure Code or another law, not with just any court.
What happens if a case is filed in a court without jurisdiction?
Jurisdiction is fixed by the nature of the case, not by the court accepting the charge. A case within a special court's jurisdiction, such as a military court, must be tried there even after a civilian court accepts it.