Section 27 — Challenging a criminal judge
Statutory text (Thai original)
ผู้พิพากษาในศาลใดซึ่งชำระคดีอาญา จะถูกตั้งรังเกียจตามบทบัญญัติแห่งประมวลกฎหมายวิธีพิจารณาความแพ่งซึ่งบัญญัติไว้ในเรื่องนั้นก็ได้
English translation
A judge in any court trying a criminal case may be challenged in accordance with the provisions of the Civil Procedure Code laid down on that matter.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 27 sits in the part of the Code dealing with the court's power over criminal cases. Rather than restate the rules on recusal, it incorporates by reference the challenge provisions of the Civil Procedure Code (Sections 11 to 14 of that Code). This means the same grounds for objecting to a judge, such as a personal interest or relationship to a party, and the same procedure for deciding the challenge, apply in criminal trials. This drafting technique of borrowing civil procedure rules is used throughout the Criminal Procedure Code, most broadly in Section 15.
Why this matters in practice
A challenge to a judge must be raised properly and promptly, before the judge has ruled on the point in question, or the objection can be lost. Because the operative rules live in the Civil Procedure Code, get advice on both codes before filing. If you are unsure how a Thai criminal trial runs, read our guide on what to know before you go to court in Thailand.
Frequently asked questions
Can I object to the judge in my criminal case?
Yes. Section 27 lets a party challenge a judge trying a criminal case, applying the grounds and procedure set out in the Civil Procedure Code.
What are the grounds to challenge a judge?
Section 27 does not list them; it points to the Civil Procedure Code, which covers situations such as a judge having a personal interest in the case or a close relationship with a party.