News: Driver killed, 6 students injured in van-truck collision in eastern Thailand

BANGKOK, Nov. 23 (Xinhua) -- A driver was killed and six female students injured when the van they were traveling in hit the rear of an 18-wheel trailer truck in Thailand's eastern province of Chonburi on Saturday.

Thai police told the media that rescue workers retrieved the body of the driver who died on the spot.

Six passengers, including one university student and five high-schoolers, were hurt and rushed to nearby hospitals, Thai media reported.

Police said the 18-wheel trailer truck loaded with steel rods, suffered little damages at its rear. No one was injured in the trailer truck.

Souce:  Xinhua

Tort: Prescription

การฟ้องคดีของโจทก์ซึ่งทำให้อายุความสะดุดหยุดลงย่อมเป็นคุณเฉพาะแก่ฝ่ายโจทก์ หาได้เป็นคุณแก่จำเลยทั้งสองซึ่งฟ้องแย้งด้วยไม่ เมื่อจำเลยทั้งสองฟ้องแย้งพ้นกำหนด 1 ปี นับแต่วันที่จำเลยทั้งสองรู้ถึงการละเมิดและรู้ตัวผู้จะพึงต้องใช้ค่าสินไหมทดแทน ฟ้องแย้งของจำเลยทั้งสองจึงขาดอายุความตาม ป.พ.พ. มาตรา 448 วรรคหนึ่ง

คำพิพากษาศาลฎีกาที่ 2536/2556

Lawyer - Definition

	1. one who represents people in a court of law or advises them on legal matters, barrister, attorney 2. Chief law-enforcement officer of a state and legal adviser to the chief executive. The office dates to the Middle Ages but did not assume its modern form until the 16th century. In the U.S., the position dates to the Judiciary Act of 1789. Head of the Department of Justice and a member of the cabinet, the attorney general oversees all the government's law business and acts as the president's legal adviser. Every United States state also has an attorney general.
	3. Authorization to act as agent or attorney for another. Many of the general powers of attorney important in civil-law countries come under the powers of trust in common-law countries. Durable power of attorney becomes effective when the principal becomes unable to manage his or her affairs; general power of attorney authorizes the agent to carry on business for the principal; special power of attorney authorizes the agent to carry out a particular business transaction.
	4. attorney; Person trained and licensed to prepare, manage and either prosecute or defend a court action as an agent for another and who also gives advice on legal matters that may or may not require court action. Legal practice varies from country to country. In Britain, for example, lawyers are divided into barristers and solicitors. In the United States attorneys often specialize in limited areas of the law (e.g., criminal law, divorce, or probate). In France the most important type of legal professional is the avocat, roughly comparable to the English barrister. In Germany the chief distinction is between lawyers and notaries.
	5. one trained and licensed to prepare, manage and either prosecute or defend a court action as an agent for another and who also gives advice on legal matters that may or may not require court action. The lawyer applies the law to specific cases. He investigates the facts and the evidence by conferring with his client and reviewing documents and he prepares and files the pleadings in court. At the trial he introduces evidence, interrogates witnesses and argues questions of law and fact. If he does not win the case, he may seek a new trial or relief in an appellate court. In many instances, the lawyer can bring about the settlement of a case without trial through negotiation, reconciliation and compromise. In addition, the law gives individuals the power to arrange and determine their legal rights in many matters and in various ways, as through wills, contracts or corporate bylaws and the lawyer aids in many of these arrangements. During the 20th century a rapidly developing field of work for lawyers has been the representation of clients before administrative committees and courts and before legislative committees. A lawyer has several loyalties in his work. They include that to his client, to the administration of justice, to the community, to his associates in practice and to himself. When these loyalties conflict, the standards of the profession are intended to effect a reconciliation. Legal practice varies from country to country. In England lawyers are divided into barristers, who plead in the higher courts and solicitors, who do office work and plead in the lower courts. In the United States attorneys often specialize in limited areas of law such as criminal, divorce, corporate, probate or personal injury, though many are involved in general practice. In France numerous types of professionals and even nonprofessionals handle various aspects of legal work. The most prestigious is the avocat, who is equal in rank to a magistrate or law professor. Roughly comparable to the English barrister, the avocat's main function is to plead in court. In France, as in most civil-law countries, the examination of witnesses is conducted by the magistrate rather than the attorney as in common-law countries. In the avocat's pleading, he develops his argument and points out discrepancies in the testimony of witnesses; this is the primary means open to the avocat to persuade the court on legal and factual points. Formerly, in addition to the avocats, there were also avous and agrs; the former represented litigants in all procedural matters except the oral presentation, prepared briefs and negotiated settlements, while the latter, few in number, were responsible for pleading in certain commercial courts. Today the distinction between avous and avocats has been abolished in all but the appellate courts, where avous continue to practice as before. In addition to these professional groups there are nonprofessional legal counsellors who give advice on various legal problems and are often employed by business firms. In almost all civil-law countries there are notaries , who have exclusive rights to deal with such office work as marriage settlements and wills. In Germany the chief distinction is between lawyers and notaries. The German attorney, however, plays an even smaller courtroom role than the French avocat, largely because presentations on points of law are limited and litigation is often left to junior partners. Attorneys are often restricted to practice before courts in specific territories. There are further restrictions in that certain attorneys practice only before appeals courts, often necessitating a new attorney for each level of litigation. In Germany lawyers are employed in the administration of government to a greater extent than in common-law countries. In communist countries lawyers are widely used as advisers to government bureaus but have far less scope in representing individuals.
	6. US also attorney (n) someone whose job is to give advice to people about the law and speak for them in court, esp. (UK) a solicitor The General's lawyer welcomed the judge's ruling. Jane Coker, lawyer for a number of those detained, said yesterday that she would be making applications for habeas corpus. See study section: Law
	7. A person that has been trained in the law and that has been certified to give legal advice or to represent others in attorney - Lawyer - Lawyer

Criminal case, if the accused died during the Supreme Court's trial. The Right to bring a criminal prosecution will be suspended

  คดีอาญา  จำเลยถึงแก่ความตายระหว่างพิจารณาคดีของศาลฎีกา  สิทธินำคดีอาญามาฟ้องย่อมระงับไปตาม ป.วิ.อ. มาตรา 39 (1)  จึงให้จำหน่ายคดีเสียจากสารบบความ  สำหรับคดีส่วนแพ่งให้ศาลชั้นต้นดำเนินการตาม ป.วิ.พ. มาตรา 42  หากครบกำหนดหนึ่งปีนับแต่จำเลยถึงแก่ความตาย  ไม่มีบุคคลใดร้องขอเข้ามาเป็นคู่ความแทนหรือเข้ามาตามหมายเรียกของศาลก็ให้ศาลชั้นต้นจำหน่ายคดีเสียจากสารบบความ

Criminal case,  if the accused died during the Supreme Court's trial. The Right to bring a criminal prosecution will be suspended by the criminal code Section 39 (1) provides that the distribution of the directory. For the case to the civil court action by the Civil Procedure Code, Article 42, if the expiry of one year from the defendant to death. No person may become a party to, or instead of a summons by a court of first instance was the case of the directory.

Thai Lawyer Qualification

According to Thailand Lawyers Act, B.E. 2528 (1985)

Section 35

Lawyer License:

An applicant for registration and a License shall have the following qualifications:

 (3) Having graduated with a Bachelor's Degree or an Associate Degree in law or a

certificate in law equivalent to the Bachelor's Degree or Associate Degree From

an educational institution accredited by the Law Society and being a member of

the Thai Bar Association.

In Thailand the lawyer doesn’t need to pass the bar examination like in the U.S.A. or England. Therefore, many Thai lawyers might not have enough skill and knowledge. This is dangerous for the people who using the services.