Anca Posted November 20, 2018 Share Posted November 20, 2018 Hi, I’m wondering if someone can help me explain the difference between a civil and a crime case in court? If a lawyer writes in documents that the person he’s representing and have all the power of authority to fight for give justice is a victim of rape, threatening etc. That the victim must flew the country because of threats and more text for proof the victim suffering. The lawyer also wrote that the defendent should pay the victim 5 million bath and that lawyer get 10% of this, can this still be a civil case in court? The Lawyer have copy of all signed reports/statements from victim to local tourists police and province tourist police earlier this year, lawyer also have dna result + lawyer has read statement that the defendant give police earlier this year. The thing I don’t understand is: if a lawyer have all this information and tell us he can take this case in court alone (without the plaintiff/victim) but 2 days before court said his Lawyer company is not aloud to take crime case alone so the plaintiff/victim must come to court, if it was a civil case lawyer could do it alone he text me... what happened? Can’t be possible that the lawyer didn’t know this! This lawyer have a big authority in his home-province and he also work for the government in that province (not same province all this bad happened to us) so I can’t believe he didn’t know the rules about civil or crime case in his own company and when I asking him what happened, why he changed he don’t answer me so I still wonder ?!? Link to comment Share on other sites More sharing options...
FritsSikkink Posted November 21, 2018 Share Posted November 21, 2018 I think your best bet would be to involve your countries media to put pressure on your countries embassy in Thailand. 1 Link to comment Share on other sites More sharing options...
Kwasaki Posted November 21, 2018 Share Posted November 21, 2018 4 hours ago, Anca said: Hi, I’m wondering if someone can help me explain the difference between a civil and a crime case in court? I don't know how this began and what happened in procedures of the case you refer too or whether Thai lawyer was experiences in matters of the case. The following is an overview of what you ask. Criminal laws are the rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape and other kinds of crimes. After a person is arrested and charged with a crime, that person goes to a Criminal Court. Civil law refers to almost all other disputes—these are the rules that apply when one person sues another person, a business or agency. This can cover a housing case such as for eviction or foreclosure, a family case such as divorce or custody, consumer problems such as debt or bankruptcy, or when someone sues for money because of damage to property or personal harm. All of these cases go to a Civil Court. The judges in criminal and civil court have different powers. Criminal Court judges can punish you for breaking the law by sending you to jail. Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home. 1 Link to comment Share on other sites More sharing options...
ChristianBlessing Posted November 22, 2018 Share Posted November 22, 2018 (edited) The essential differences between criminal procedure and civil procedure differ from country to country. At it's most simplistic, criminal proceedings are initiated (prosecuted) by a governmental or law enforcement agency. Civil proceedings are typically initiated by victims of a crime, often after the criminal case has been adjudicated in criminal court. Edited November 22, 2018 by ChristianBlessing clarity 1 Link to comment Share on other sites More sharing options...
Anca Posted November 22, 2018 Author Share Posted November 22, 2018 On 11/21/2018 at 1:13 AM, FritsSikkink said: I think your best bet would be to involve your countries media to put pressure on your countries embassy in Thailand. Dagbladet (one of biggest Norwegian newspaper) to day???????? What the Embassy is doing in Bangkok is a BIG question, unbelievable that they don’t help us ???? 1 Link to comment Share on other sites More sharing options...
Anca Posted November 22, 2018 Author Share Posted November 22, 2018 On 11/21/2018 at 5:16 AM, Kwasaki said: I don't know how this began and what happened in procedures of the case you refer too or whether Thai lawyer was experiences in matters of the case. The following is an overview of what you ask. Criminal laws are the rules that apply when someone commits a crime, such as assault, robbery, murder, arson, rape and other kinds of crimes. After a person is arrested and charged with a crime, that person goes to a Criminal Court. Civil law refers to almost all other disputes—these are the rules that apply when one person sues another person, a business or agency. This can cover a housing case such as for eviction or foreclosure, a family case such as divorce or custody, consumer problems such as debt or bankruptcy, or when someone sues for money because of damage to property or personal harm. All of these cases go to a Civil Court. The judges in criminal and civil court have different powers. Criminal Court judges can punish you for breaking the law by sending you to jail. Civil Court judges can order you to pay money or a fine, or make decisions about your family or your home. Thanks for answering ???? This mean our lawyer lied to me because lawyer knew that our main goal was to put rapist in jail, not to get his money. Money don’t give safety & justice! Put him in jail for protecting other young girls and make him suffer in jail give safety & justice. Link to comment Share on other sites More sharing options...
nasa123 Posted November 23, 2018 Share Posted November 23, 2018 It's so sad to need to go out in the media and get help, hope the media in England and the rest of Europe snap up this nasty case in Thailand (The land of corruption). And on top of everything does not get help from the Norwegian Embassy in the in Bangkok ????????. 1 Link to comment Share on other sites More sharing options...
Kwasaki Posted November 23, 2018 Share Posted November 23, 2018 14 hours ago, Anca said: Thanks for answering ???? This mean our lawyer lied to me because lawyer knew that our main goal was to put rapist in jail, not to get his money. Money don’t give safety & justice! Put him in jail for protecting other young girls and make him suffer in jail give safety & justice. To get him to jail a criminal case has to be brought with proof of the crime of rape by witnesses or a confession of rape by the offender. If none of the above has happened it remains civil and non proven and only the word of the accuser. Link to comment Share on other sites More sharing options...
Haso Posted November 25, 2018 Share Posted November 25, 2018 In most countries for Criminal matters "the standard of proof is" beyond reasonable doubt, and for Civil matters "the standard of proof" is on the balance of probabilities.Sent from my iPad using Thaivisa Connect Link to comment Share on other sites More sharing options...
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