French and Thai judicial systems A comparative attempt of ... · Presentation for JTI (22/02/2019)...

Presentation for JTI (22/02/2019)

French and Thaijudicial systems

A comparative attempt ofsystems after

three weeks in Thailand

Michaël Da Lozzo – Trainee judge/[email protected]

Updated from the Act of Parliament on Justice reform of 19 Feb. 2019Entering into force on 1st Jan. 2020

mailto:[email protected]


Outline

Part 1. Comparing initial training of judgesPart 2. Specialized judges vs. Specialized Courts

Part 3. Approach on procedural aspects


Part 1. Comparing initial training


Recruitment of trainee judges

● FRANCE– Diploma in law or political

sciences (4 years)

● Examinations (written and oral)– Depending on public:

students, public agents, workers

● Admission on qualification

● THAILAND– Diploma in law

– Thai Bar association

– Work experience

● Examinations (written and oral)– Three types of public


Admission on qualification in France

● Between 31 and 40 years old● Diploma/professional experience conditions:

– Master in law + 4 years of professional experience; or

– PhD + another higher education diploma; or

– Have served 3 years as a teaching assistant in law


Structure of training

● FRANCE: total 31 months training

1. Initial internships (4 months)

2. Academic study (9 months)

3. Practice in Courts (11 months)

4. External internship (2 months)

5. Specialization (4 months)

● THAILAND: 12 months

1. Orientation (1 month)

2. Internship in Court (1 month)

3. Academic Study (4 months)

4. Trial practice in Court (6 months)

5. Specialization (if needed, 3 days)


Initial internships

● Two weeks of orientation– Swearing-in ceremony as “auditeur de justice”

(name of the French trainee judge/prosecutor)

● One week internship in Court● Two weeks internship with the Police

(investigation unit)● Three months internship at a law firm


Academic studies

● 30 weeks study period– Learn the professional techniques of the judiciary

– Acquire the needed knowledge to exercise the judicial professions

– Conferences on various topics (psychology, psychiatry, economy, ethic, forensic...)

– Openness to international issues (dedicated conferences, European exchanges)


Academic studies

● Exams– Civil judgment

– Criminal case law

– Questions on the conferences


Internship as a prison guard

● Two weeks in a prison


Practice in Court

● FRANCE– All the judicial

positions of judge/prosecutor

● THAILANDE– General positions of

judge (civil and criminal)


Criminal functions internship

● Prosecutor’s office (6 weeks)● Investigating judge (5 weeks)● Criminal judge (3 weeks)● Sentence enforcement judge (5 weeks)


Civil functions internship

● Civil judge– 10 weeks as a general civil judge

– 3 weeks in family affairs

● Juvenile judge (5 weeks)– Both in civil and criminal matters


Examination in Court

● Prosecution requisitions● Chairing a criminal trial● Chairing a family affair trial (divorce case)


Evaluation and Validation of Skills

● Drafting a civil judgment● Drafting a final prosecutor’s charge● Taking a language test (TOEIC)● Interview with the examiners


Possible decisions

● Declaration of general fitness for judicial functions

● Functional recommendations● Repeat the internship at the Tribunal● Revocation


External internship

● 7 weeks outside a Tribunal● Possibility to do a 3 weeks international

internship


Choosing first function

● Ranking system to decide over the first position and the location (France mainland and overseas territories)– Prosecutor

– General judge (civil and criminal)

– Juvenile judge

– Investigation judge

– Sentence enforcement judge


Specialization

● 6 weeks at School in groups divided by function– Prosecutor

– Investigating judge

– Sentence enforcement judge

– General judge (civil and criminal)

– Juvenile judge

● 10 weeks in a Tribunal in the position chosen by the trainee judge


Part 2. Specialized judges vs. Specialized Courts


First instance

● FRANCE

General courts– Civil court

– Criminal courts

Specialized courts– Labour court– Agricultural land court

– Commercial court

● THAILAND

General courts– Civil court

– Criminal court

Specialized courts– Labour court

– Family and Juvenile court

– Tax court

– IP&IT court

– Bankruptcy court


French civil court

● General civil cases, including:– Individual bankruptcy cases

– Social security cases

● Family law cases (specialized judge on family affairs)

● Juvenile cases (juvenile judge)


French criminal courts

● Preparatory stage– Prosecutor

● Leading police investigation on preliminary investigations or simple criminal investigations

– Investigation judge● Leading police investigation on complex criminal offenses

and all criminal offenses punished by more than 10 years imprisonment

● Prosecutor becomes a party to the procedure: may demand act of investigation, gives its opinion on final charges


French criminal courts – hearing stage

● Police court: criminal offenses punished by fines only

● Criminal court: criminal offenses punished by up to 10 years imprisonment– Panel of single judge: criminal offenses punished by

up to 5 years imprisonment

– Panel of three judges: criminal offenses punished between 5 to 10 years imprisonment


French criminal courts – hearing stage

● “Tribunal criminel”: offenses punished between 15 to 20 years imprisonment– Panel of five judges

● Assizes court: offenses punished by more than 20 years imprisonment– Three judges and six jurors


French criminal courts – post-sentence stage

● Sentence enforcement judge– In charge of adjustment of sentence

– In charge of request for early release of jail


French specialized courts

● Labor courts– In charge of disputes regarding individual contact of employment

– Panel of non-professional judges (employers/employees representatives)

● Commercial courts– In charge of disputes involving companies, between consumers and

companies and company bankruptcy cases

– Panel of three non-professional judges (company representatives)

● Agricultural land courts– In charge of disputes between landlords and farmers

– One professional judge, two representatives of landlords, two representatives of farmers


Appeal stage

● France

Court of Appeal– One civil chamber

– One criminal chamber

– One commercial chamber

– One labor chamber

Assize court of appeal– Appeal on criminal cases for

offenses punished by more than 10 years imprisonment

– Panel of three judges and nine jurors

● Thailand

Court of Appeal

Court of Appeal for specialized cases

– IP&IT chamber– Tax chamber– Labor chamber– Juvenile chamber– Family chamber


Part 3. Approach on procedural aspects


Fundamental aspects of civil procedure

● Main principle: the trial belongs to the parties– Judge main not intervene

– Exceptions● Consumer law● Family law● Public order issues


Distinction between civil procedures

● Oral procedure● Written procedure


Oral procedure (similar to Municipal Courts)

● Case where the claims are inferior to 10.000 EUR (353.690 THB)

● Ruled by a single judge● Attorneys are not compulsory


Oral procedure

● All the claims must be submitted during the trial● Written claims may be submitted but they have

no legal value if the party does not orally refer to it

● Parties are free to amend their claim at the trial● Importance of hearing records


Written procedure

● Case where the claims are superior to 10.000 EUR (353.690 THB)

● Ruled by a single judge or three judges● Attorneys are mandatory


Written procedure

● Pretrial phase– Judge will set an agenda for the parties (exchange

of written statements and evidences)

– Online management of the pretrial phase● Judge verifies the parties respect the agenda● Parties may demand the judge to postpone a deadline● Parties shall exchange conclusions and documents

online – accessible by the pretrial judge

– Incidental proceedings (oral procedure)


Written procedure

● Trial phase– Between the deadline of the pretrial phase and the trial: no

exchange of documents, no new evidence (unless one party go through incidental proceedings to seek permission)

– At the trial:● Usually, the parties will give their files (written statements and

evidence) to the judge● Rarely, attorney will plea: they may not amend their claim at the trial

– In case of evidence issue or new claim, the judge may send the parties back in pretrial phase


Major differences with Thailand

● Witnesses are not allowed in contractual matters over more than 1.500,00 EUR (52.934 THB): only written evidences

● In other subject matters: use of written testimony (in both oral and written procedures)– Civil procedure code provides for judicial

confession, but it is not used anymore


Criminal procedure

● Investigations– By the police, under the supervision of the prosecutor– Distinction between

● Preliminary investigation● Investigation after an offense

● Exception for crimes punished by more than 10 years imprisonment or complex criminal offense– Investigation led by the investigating judge


Criminal procedure

● At the trial– Presiding judge will read the charges, make a summary of

the facts and “investigate”

– Police written statements shall be considered as true, unless proven differently

– Usually, only the victim is heard if coming to the trial

● Prosecutor role– Ask questions during the investigation phase

– Must demonstrate a criminal offense has been committed and demand for a punishment


Major differences with Thailand

● Possibility to hear witnesses (under oath), but it is rarely used (except in Assize Court)– Because their testimony is already written in the police or

investigating judge procedure

– Only the victim is heard, but as “simple information”

– Clerk record does not lay down everything that is said, only what happens

● Police is never heard (except in Assize Court)● Prosecutor is a magistrate: he seats on the bench, at

the same level as the judges


PROSECUTORPROSECUTOR

JUDGESJUDGES

CLERKCLERK

BARBAR

VICTIMVICTIMBENCHBENCH

DEFENDANT DEFENDANT BENCHBENCH


Presentation of the Tribunal de Grande Instance of Marseille


TGI Marseille

● 110 judges● 41 prosecutors● 149 clerks● 147 public agents


Civil activity (2017)

● 23.396 decisions– Average length: 13,6 months

– Half are common procedures

– Half are interim procedures

● 20.192 cases in stock – Average age: 18,6 months


Criminal activity (2017)

● 7.162 decisions– 3.496 decisions by single judge panel– 3.666 decisions by three judges panel

● Investigating cases– 483 new cases– 1.704 finished cases (851 sent to Court)

● Sentence enforcement– 1.102 decisions


Juvenile justice (2017)

● 9 juvenile judges● New cases

– 1.549 criminal cases

– 1.827 civil cases

● 4.093 on-going measures


Thank you for your attention :)

French and Thai judicial systems A comparative attempt of ... · Presentation for JTI (22/02/2019)...

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