Section 233
The trial and adjudication of cases are the powers of the Courts, which must proceed in accordance with the Constitution and the law and in the name of the King.
 
Section 234
All Courts may be established only by Acts.
A new Court for the trial and adjudication of any particular case or a case of any particular charge in place of an ordinary Court existing under the law and having jurisdiction over such case shall not be established.
 
Section 235
A law having an effect of changing or amending the law on the organisation of Courts or on judicial procedure for the purpose of its application to a particular case shall not be enacted.
 
Section 236
The hearing of a case requires a full quorum of judges. Anyjudge not sitting at the hearing of a case shall not give judgement or a decision of such case, except for the case of force majeure or any other unavoidable necessity as provided by law.
 
Section 237
In a criminal case, no arrest and detention of a person may be made except where an order or a warrant of the Court is obtained, or where such person commits a flagrant offence or where there is such other necessity for an arrest without warrant as provided by law. The arrested person shall, without delay, be notified of the charge and details of such arrest and shall be given an opportunity to inform, at the earliest convenience, his or her relative, or the person of his or her confidence, of the arrest. The arrested person being kept in custody shall be sent to the Court within forty eight hours as from the time of his or her arrival at the office of the inquiry official in order for the court to consider whether there is a reasonable ground under the law for the detention of the arrested person or not, except for the case of force majeure or any other unavoidable necessity as provided by law.
A warrant of arrest or detention of a person may be issued where:

Section 238
In a criminal case, a search in a private place shall not be made except where an order or a warrant of the Court is obtained or there is a reasonable ground to search without an order or a warrant of the Court as provided by law.
 
Section 239
An application for a bail of the suspect or the accused in a criminal case must be accepted for consideration without delay, and an excessive bail shall not be demanded. The refusal of a bail must be based upon the grounds specifically provided by law, and the suspect or the accused must be informed of such grounds without delay.
The right to appeal against the refusal of a bail is protected as provided by law.
A person being kept in custody, detained or imprisoned has the right to see and consult his or her advocate in private and receive a visit as may be appropriate.
 
Section 240
In the case of the detention of a person in a criminal case or any other case, the detainee, the public prosecutor or other person acting in the interest of the detainee has the right to lodge with the Court having criminal jurisdiction a plaint that the detention is unlawful. Upon receipt of such plaint, the Court shall forthwith proceed with an ex parte examination. If, in the opinion of the Court, the plaint presents a prima facie case, the court shall have the power to order the person responsible for the detention to produce the detainee promptly before the Court, and if the person responsible for the detention can not satisfy the Court that the detention is lawful, the Court shall order an immediate release of the detainee.
 
Section 241
In a criminal case, the suspect or the accused has the right to a speedy, continuous and fair inquiry or trial.
At the inquiry stage, the suspect has the right to have an advocate or a person of his or her confidence attend and listen to interrogations.
An injured person or the accused in a criminal case has the right to inspect or require a copy of his or her statements made during the inquiry or documents pertaining thereto when the public prosecutor has taken prosecution as provided by law.
In a criminal case for which the public prosecutor issues a final non-prosecution order, an injured person, the suspect or an interested person has the right to know a summary of evidence together with the opinion of the inquiry official and the public prosecutor with respect to the making of the order for the case, as provided by law.
 
Section 242
In a criminal case, the suspect or the accused has the right to receive an aid from the State by providing an advocate as provided by law. In the case where a person being kept in custody or detained cannot find an advocate, the State shall render assistance by providing an advocate without delay.
In a civil case, a person has the right to receive a legal aid from the State, as provided by law.
 
Section 243
A person has the right not to make a statement incriminating himself or herself which may result in criminal prosecution being taken against him or her.
Any statement of a person obtained from inducement, a promise, threat, deceit, torture, physical force, or any other unlawful act shall be inadmissible in evidence.
 
Section 244
In a criminal case, a witness has the right to protection, proper treatment, necessary and appropriate remuneration from the State as provided by law.
 
Section 245
In a criminal case, an injured person has the right to protection, proper treatment and necessary and appropriate remuneration from the State, as provided by law.
In the case where any person suffers an injury to the life, body or mind on account of the commission of a criminal offence by other person without the injured person participating in such commission and the injury cannot be remedied by other means, such person or his or her heir has the right to receive an aid from the State, upon the conditions and in the manner provided by law.
 
Section 246
Any person who has become the accused in a criminal case and has been detained during the trial shall, if it appears from the final judgement of that case that the accused did not commit the offence or the act of the accused does not constitute an offence, be entitled to appropriate compensation, expenses and the recovery of any right lost on account of that incident, upon the conditions and in the manner provided by law.
 
Section 247
In the case where any person was inflicted with a criminal punishment by a final judgment, such person, an interested person, or the public prosecutor may submit a motion for a review of the case. If it appears in the judgment of the Court reviewing the case that he or she did not commit the offence, such person or his or her heir shall be entitled to appropriate compensation, expenses and the recovery of any right lost by virtue of the judgment upon the conditions and in the manner provided by law.
 
Section 248
In the case where there is a dispute on the competent jurisdiction among the Court of Justice, the Administrative Court, the Military Court or any other Court, it shall be decided by a committee consisting of the President of theSupreme Court of Justice as Chairman, the President of the Supreme Administrative Court, the President of such other Court and not more than four qualified persons as provided by law as members.
The rules for the submission of the dispute under paragraph one shall be as provided by law.
 
Section 249
Judges are independent in the trial and adjudication of cases in accordance with the Constitution and the law.
The trial and adjudication by judges shall not be subject to hierarchical supervision.
The distribution of case files to judges shall be in accordance with the rules prescribed by law.
The recall or transfer of case files shall not be permitted except in the case where justice in the trial and adjudication of the case shall otherwise be affected.
The transfer of a judge without his or her prior consent shall not be permitted except in the case of termly transfer as provided by law, promotion to a higher position, being under a disciplinary action or becoming a defendant in a criminal case.
 
Section 250
Judges shall not be political officials or hold political positions.
 
Section 251
The King appoints and removes judges except in the case of removal from office upon death.
The appointment and removal from office of a judge of any Court other than the Constitutional Court, the Court of Justice, the Administrative Court and the Military Court as well as the adjudicative jurisdiction and procedure of such Courts shall be in accordance with the law on the establishment of such Courts.
 
Section 252
Before taking office, a judge shall make a solemn declaration before the King in the following words:
"I, (name of the declarer) do solemnly declare that I will be loyal to His Majesty the King and will faithfully perform my duties in the name of the King without any partiality in the interest of justice, of the people and of the public order of the Kingdom. I will also uphold and observe the democratic regime of government with the King as Head of the State, the Constitution of the Kingdom of Thailand and the law in every respect."
 
Section 253
Salaries, emoluments and other benefits of judges shall be as provided by law; provided that the system of salary-scale or emoluments applicable to civil servants shall not be applied.
The provisions of paragraph one shall apply to Election Commissioners, Ombudsmen, members of the National Counter Corruption Commission and members of the State Audit Commission mutatis mutandis.
 
Section 254
No person may simultaneously become a member, whether an ex officio member or a qualified member, of the Judicial Commission of the Courts of Justice, the Administrative Court or any other Court as provided by law.
 
 
Section 255
The Constitutional Court consists of the President and fourteen judges of the Constitutional Court to be appointed by the King upon advice of the Senate from the following persons:

The elected persons under paragraph one shall hold a meeting and elect one among themselves to be the President of the Constitutional Court and notify the result to the President of the Senate accordingly.
The President of the Senate shall countersign the Royal Command appointing the President and judges of the Constitutional Court.
 
Section 256
The qualified person under section 255 (3) and (4) shall possess the qualifications and shall not be under any of the prohibitions as follows:

Section 257
The selection and election of judges of the Constitutional Court under section 255 (3) and (4), shall be proceeded as follows:

The provisions of section 255 paragraph two and paragraph three shall apply mutatis mutandis.
 
Section 258
The President and judges of the Constitutional Court shall not:

In the case where the general meeting of the Supreme Court of Justice, the general meeting of the Supreme Administrative Court or the Senate, as the case may be, has elected the person in (1), (2), (3) or (4) with the consent of that person, the elected person can commence the performance of duties only when he or she has resigned from the position in (1), (2) or (3) or has satisfied that his or her engagement in such independent profession has ceased to exist. This must be done within fifteen days as from the date of the election. If such person has not resigned or has not ceased to engage in the independent profession within the specified time, it shall be deemed that that person has never been elected to be a judge of the Constitutional Court and the provisions of section 261 shall apply.

Section 259
The President and judges of the Constitutional Court shall hold office for nine years as from the date of their appointment by the King and shall hold office for only one term.
The outgoing President and judges of the Constitutional Court shall remain in office to perform duties until the newly appointed President and judges of the Constitutional Court take office.
The President and judges of the Constitutional Court shall be judicial officials under the law.
 
Section 260
In addition to the vacation of office upon the expiration of term, the President and judges of the Constitutional Court vacate office upon:

When a case under paragraph one occurs, the remaining judges shall continue to perform their duties subject to section 267.
 
Section 261
In the case where the President and judges of the Constitutional Court vacate office en masse at the expiration of term, the proceedings under section 255 and section 257 shall be taken within thirty days as from the date of the vacation of office.
In the case where the President and judges of the Constitutional Court vacate office otherwise than in the case under paragraph one, the following proceedings shall be taken:

In the case where some or all judges of the Constitutional Court vacate office out of a session of the National Assembly, the proceedings under section 257 shall be taken within thirty days as from the date of the opening of a session of the National Assembly.
In the case where the President of the Constitutional Court vacates office, the provisions of section 255 paragraph two shall apply mutatis mutandis.
 
Section 262
After any bill or organic law bill has been approved by the National Assembly under section 93 or has been reaffirmed by the National Assembly under section 94, before the Prime Minister presents it to the King for signature:

During the consideration of the Constitutional Court, the Prime Minister shall suspend the proceedings in respect of the promulgation of the bill or organic law bill until the Constitutional Court gives a decision thereon.
If the Constitutional Court decides that the provisions of such bill or organic law bill are contrary to or inconsistent with this Constitution or it is enacted contrary to the provisions of this Constitution and that such provisions of the bill or organic law bill form the essential element thereof, such bill or organic law bill shall lapse.
If the Constitutional Court decides that the provisions of such bill or organic law bill are contrary to or inconsistent with this Constitution otherwise than in the case specified in paragraph three, such conflicting or inconsistent provisions shall lapse and the Prime Minister shall proceed further in accordance with section 93 or section 94, as the case may be.
 
Section 263
The provisions of section 262 (2) shall apply mutatis mutandis to draft rules of procedure of the House of Representatives, draft rules of procedure of the Senate and draft rules of procedure of the National Assembly which have already been approved by the House of Representatives, the Senate or the National Assembly, as the case may be, but remain unpublished in the Government Gazette.
 
Section 264
In the application of the provisions of any law to any case, if the Court by itself is of the opinion that, or a party to the case raises an objection that, the provisions of such law fall within the provisions of section 6 and there has not yet been a decision of the Constitutional Court on such provisions, the Court shall stay its trial and adjudication of the case and submit, in the course of official service, its opinion to the Constitutional Court for consideration and decision.
In the case where the Constitutional Court is of the opinion that the objection of a party under paragraph one is not essential for decision, the Constitutional Court may refuse to accept the case for consideration.
The decision of the Constitutional Court shall apply to all cases but shall not affect final judgements of the Courts.
 
Section 265
In the performance of duties, the Constitutional Court shall have the power to demand documents or relevant evidence from any person or summon any person to give statements of fact as well as request the Courts, inquiry officials, a State agency, State enterprise or local government organisation to carry out any act for the purpose of its consideration.
The Constitutional Court shall have the power to appoint a person or a group of persons to carry out duties as entrusted.
 
Section 266
In the case where a dispute arises as to the powers and duties of organs under the Constitution, such organs or the President of the National Assembly shall submit a matter together with the opinion to the Constitutional Court for decision.
 
Section 267
The quorum of judges of the Constitutional Court for hearing and giving a decision shall consist of not less than nine judges. The decision of the Constitutional Court shall be made by a majority of votes, unless otherwise provided in this Constitution.
Every judge of the Constitutional Court who constitutes a quorum shall give a decision on his or her own part and makean oral statement to the meeting before passing a resolution.
The decisions of the Constitutional Court and all judges thereof shall be published in the Government Gazette.
The decision of the Constitutional Court must at least consist of the background or allegation, summary of facts obtained from hearings, reasons for the decision on questions of fact and questions of law and the provisions of the Constitution and the law invoked and resorted to.
 
Section 268
The decision of the Constitutional Court shall be deemed final and binding on the National Assembly, Council of Ministers, Courts and other State organs.
 
Section 269
The procedure of the Constitutional Court shall be prescribed by the Constitution Court, which must be done by a unanimous resolution of its judges, and shall be published in the Government Gazette.
The procedure of the Constitutional Court under paragraph one must also be founded at least upon fundamental guarantees with regard to the openness of hearing, the opportunity to the parties to express their opinions before the decision of the case, the right of the parties to inspect documents relating to them, the opportunity to challenge the judge of the Constitutional Court and the reasoning of the decision or order of the Constitutional Court.
 
Section 270
The Constitutional Court shall have its independent secretariat, with the Secretary-General of the Office of the Constitutional Court as the superior responsible directly to the President of the Constitutional Court.
The appointment of the Secretary-General of the Office of the Constitutional Court must be approved by judges of the Constitutional Court.
The Office of the Constitutional Court shall have autonomy in personnel administration, budget and other activities as provided by law.
 
 
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 theSupreme 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 JudicialCommission 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:

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.
 
 
Section 276
Administrative Courts have the powers to try and adjudicate cases of dispute between a State agency, State enterprise, local government organisation, or State official under the superintendence or supervision of the Government on one part and a private individual on the other part, or between a State agency, State enterprise, local government organisation, or State official under the superintendence or supervision of the Government on one part and another such agency, enterprise, organisation or official on the other part, which is the dispute as a consequence of the act or omission of the act that must be, according to the law, performed by such State agency, State enterprise, local government organisation, or State official, or as a consequence of the act or omission of the act under the responsibility of such State agency, State enterprise, local government organisation or State official in the performance of duties under the law, as provided by law.
There shall be the Supreme Administrative Court and Administrative Courts of First Instance, and there may also be the Appellate Administrative Court.
 
Section 277
The appointment and removal from office of an administrative judge must be approved by the Judicial Commission of the Administrative Courts as provided by law before they are tendered to the King.
Qualified persons in the field of law or the administration of the State affairs may be appointed as judges of the Supreme Administrative Court. Such appointment shall be made in the number of not less than one-third of the total number of judges of the Supreme Administrative Court and must be approved by the Judicial Commission of the Administrative Courts as provided by law and by the Senate before it is tendered to the King.
The promotion, increase of salaries, and punishment of administrative judges must be approved by the Judicial Commission of the Administrative Courts as provided by law.
 
Section 278
The appointment of an administrative judge as President of the Supreme Administrative Court, shall, when already approved by the Judicial Commission of the Administrative Courts and the Senate, be tendered by the Prime Minister to the King for appointment.
 
Section 279
The Judicial Commission of the Administrative Courts consists of the following persons:

The qualifications, prohibitions and procedure for the election of the qualified members shall be in accordance with the provisions of the law.
 
Section 280
The Administrative Courts shall have an independent secretariat, with the Secretary-General of the Office of the Administrative Courts as the superior responsible directly to the President of the Supreme Administrative Court.
The appointment of the Secretary-General of the Office of the Administrative Courts must be approved by the Judicial Commission of Administrative Courts as provided by law.
The Office of the Administrative Courts shall have autonomy in personnel administration, budget and other activities as provided by law.
 
 
Section 281
Military Courts have the powers to try and adjudicate military criminal cases and other cases as provided by law.