Chiang Mai Lawyer-Solicitor Chiang Rai Lawyer-Solicitor (St.-Cm. Law Firm) Since 1992 AREA OF PRACTICE Divorce Child Custody Family Law Notary Public Property Company Setup Testament Litigation Criminal Defense Civil Law Tel. 086-4293063, 082-1907466, 088-2516286 Fax: 053-718923 E-Mail: cmlawfirm@hotmail.com, banjonsanlawyer@gmail.com Line ID: 0864293063 Offices: Chiang Rai - Chiang Mai (Hot: chiang mai lawyer-chiang mai solicitor-chiang rai lawyer-chiang rai solicitor)
Wednesday, December 25, 2019
ผิดสัญญาจ้าง เรียกค่าเสียหาย
Monday, December 23, 2019
อำนาจปกครองบุตร ไม่จำเป็นต้องหย่าก่อน
Counter Widget
Saturday, November 23, 2019
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
Tuesday, November 5, 2019
Lawyer - Definition
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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.
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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.
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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.
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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.
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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
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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
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Saturday, November 2, 2019
Criminal case, if the accused died during the Supreme Court's trial. The Right to bring a criminal prosecution will be suspended
Friday, November 1, 2019
Thai Lawyer Qualification
Wednesday, October 30, 2019
พนักงานฝ่ายปกครองหรือตำรวจจะค้นบุคคลใดในที่สาธารณสถานได้หรือไม่
Sunday, October 27, 2019
BUDDHIST LAW
GOLDEN GATE UNIVERSITY
SCHOOL OF LAW
Thursday, October 24, 2019
ออกหมายจับแล้ว บ้านบางบัวทอง 6 คน ซ่องโจร-อนาจาร "น้องเดียร์"
News: Justice Ginsburg wins $1M prize for ideas that 'have profoundly shaped human self-understanding'
Tuesday, October 22, 2019
รถยนต์หายในห้างสรรพสินค้า ห้างฯรับผิด
Monday, October 21, 2019
News: Kasem wins favourable Appeal Court ruling in his case accusing son of fraud in share transfer
In August last year, Kasem, the co-founder of KPN Group, had approached the Criminal Court accusing Nop, Khunying Korkaew, as well as Surat Joncharaporn, the director of a Hong Kong-based firm Golden Music Ltd, for allegedly collaborating and using fake documents featuring Kasam’s “forged signature” to transfer 99.99 per cent shares of Golden Music to Khunying Korkaew.
Golden Music has a 37.8 per cent stake in WEH.
Source: The Nation
A Crime
Crimes have elements, and these elements are always present regardless of what crime is committed. A crime consists of:
1. the actus reus (an external element also known as the guilty act or the prohibited conduct)
2. the mens rea (an internal element also known as the guilty mind)
Actus non facit reum nisi mens sit rea is a maxim which succinctly captures the whole essence of criminal law. It roughly translates to “an act is not guilty unless the mind is equally guilty”. There cannot be a crime if one element is missing.
Once it is established that both the internal and external element are present, one will then turn to the defences, specifically the lack thereof. The accused’s lawyers must show a proper defence to mitigate the charge against him. If none can be shown, the person can then be properly punished.
Source: Criminal Law, SS Production App.
Sunday, October 20, 2019
Thai child trafficker sentenced to record 374 years in jail
Lex
Saturday, October 19, 2019
Seven Thai female drug smugglers
Wednesday, October 16, 2019
Abduct
(1) To take or carry away a person illegally by force or persuasion. (2) To take away or detain unlawfully a female, intending to force her into marriage, concubinage, or prostitution. (3) For a woman to entice a husband to abandon his wife for her. abduction. See also kidnap, alienation of affections.
Anti-narcotics police seize ฿15 million cash and uncover huge money laundering operation
In multiple raids in Samut Prakan and Nonthaburi provinces yesterday, narcotic suppression officials seized about 15 million baht in cash and many valuables. They also uncovered several bank accounts, allegedly detailing drug money transfers totalling more than one billion baht.
Pol Lt-Gen Chinnapat Sarasin, commissioner of the Anti-Narcotics Bureau, said today (Wednesday) that police are looking for a couple, Mr. Naruphon and Ms. Patthama, who are suspected of laundering drug money for gangs, including the Mun Took Med gang, allegedly led by Pannawat “Ko Kae” (surname not disclosed) who is believed to be hiding in Myanmar.
In the raid, on a luxury house in a high-end housing estate in Bang Muang district of Samut Prakan province, the officials found 6.5 million baht in stacks of 1,000 baht bills stuffed in a suitcase on the ground floor and another 3 million baht in the couple’s bedroom, together with many luxury wristwatches and brand-name bags.
A subsequent search, of the house of a relative of Naruphon, uncovered 5.5 million baht in cash stuffed in a washing machine.
Pol Lt-Gen Chinnapat said yesterday’s raids followed the arrests of two men in Phitsanuloke province in September and the seizure of 500,000 methamphetamine tablets. The subsequent investigation followed the trail of the gang to Mr. Naruphon, who is believed to be the chief financier and allegedly responsible for laundering drug money for several drug gangs.
Source: Thai PBS World / Kitipat Chuensukjit
Tuesday, October 15, 2019
News: 3 underage sex workers rescued in raids on 2 Ang Thog karaoke joints
Ronnarong Thipsiri, head of the Department of Provincial Administration's investigation and suppression division and Sakda Bandasak, sheriff of Ang Thong’s Muang district held a press conference on Monday (October 14) to announce the results of recent raids on a karaoke restaurant and a karaoke massage parlor in Ang Thong province, which were allegedly using under-age girls as prostitutes.
Visit website
Source: NationThailand.com - News
Abrogate: meaning
Thursday, October 10, 2019
Natural Law: History
News:Immigration police use biometric system to nab 3 fake passport holders
Pol Lt-General Sompong Chingduang, the Immigration Bureau commander, announced on Wednesday (October 9) that a total of three foreigners were stopped at Suvarnabhumi Airport in September after the biometric system revealed they had committed passport fraud.
“In the first case, immigration police arrested an Iranian man aged about 47 years holding a French passport and travelling from Germany to Thailand,” he said. “The biometric scanning showed only a 19-per-cent match between his face and passport photo, so we took him into custody.”
The man later confessed that he had bought the fake passport at a train station in France for 520 Euro (Bt17,300) to travel to Thailand and later to Japan to find a job.
The second case happened on the night of September 25, when the police arrested an unidentified Chinese man aged around 57 years holding a Myanmar passport. “The biometric scan identified that his passport’s Machine Readable Zone (MRZ) had been altered,” Sompong said. “The suspect later confessed that he bought the counterfeit passport from Rangoon for MMK 25,000 (Bt500) to travel to Thailand.”
Source: The Nation
Tuesday, October 8, 2019
Natural Law : Judaism
Those who see biblical support for the doctrine of natural law often point to Abraham's interrogation of God on behalf of the iniquitous city of Sodom. Abraham even dares to tell the Most High that his plan to destroy the city (Genesis 18:25) would violate God’s own justice: “That be far from Thee to do after this manner, to slay the righteous with the wicked, that so the righteous should be as the wicked; that be far from Thee; shall not the Judge of all the earth do justly?" This almost Socratic reply became for later writers the beginnings of natural rights theory. In this respect, natural law as described in the interaction between Abraham and God predates the later Greek exposition of it by Plato, Socrates, and Aristotle.
However, an even earlier set of laws is attributed to the Seven Laws of Noah. The seven Noahide laws as traditionally enumerated are the following:
Not to worship idols.
Not to curse God.
To establish courts of justice.
Not to commit murder.
Not to commit adultery or sexual immorality.
Not to steal.
Not to eat flesh torn from a living animal.
According to the Genesis flood narrative, a deluge covered the whole world, killing every surface-dwelling creature except Noah, his wife, his sons and their wives, and the animals taken aboard Noah's Ark. According to this, all modern humans are descendants of Noah, thus the name Noahide Laws in reference to laws that apply to all of humanity. After the flood, God sealed a covenant with Noah with the following admonitions ( Genesis 9):
Flesh of a living animal: "Only flesh with the life thereof, which is the blood thereof, shall ye not eat.” (9:4)
Murder and courts: "And surely your blood of your lives will I require; at the hand of every beast will I require it; and at the hand of man, even at the hand of every man's brother, will I require the life of man. Whoso sheddeth man's blood, by man shall his blood be shed; for in the image of God made He man." (9:5-6)
Source: Philosophy of Law App.by Kirill Sidorov
Counter WidgetNews: Civil society group demands transparent investigation into judge’s suicide attempt
The Cross-Cultural Foundation has urged the Court of Justice to transfer all persons related to judge Khanakorn Pianchana’s supposed statement from their current posts and sought a comprehensive investigation into allegations of interference in the independence of a judge.
The foundation’s statement on Sunday (October 6) came in response to judge Khanakorn’s attempted suicide, alleging interference in his judgement in a criminal case that he was hearing. The judge reportedly shot himself in the Yala courtroom, apparently to protest against interference by his supervisor judges.
The foundation’s statement cited a 25-page statement reportedly published by Khanakorn on his Facebook before it was removed. The judge’s statement reportedly described his difficult situation and allegedly accused his supervisors of trying to alter the verdict in a criminal case he was hearing.
The foundation recounted the background of the legal case, which was elaborated in the 25-page document.
The case involved five defendants accused of committing a murder on June 11 in Yala province.
One suspected criminal was arrested during martial law, which led to more arrests. Five suspects were eventually charged with the murder. The interrogation was done under special law before the case was transferred to normal justice procedure. Judge Khanakorn found the evidence weak against the defendants and wrote his verdict acquitting them of the crime. However, the judge’s supervisors reportedly intervened and ordered him to rewrite the verdict handing the death penalty to three defendants and life sentence to the other two.
The foundation believed that this series of events had led Khanakorn to attempt to kill himself.
It is widely believed that the 25-page document was written by Khanakorn. Court of Justice spokesman Suriya Hongwilai said on Friday that a preliminary enquiry revealed personal stress was the reason behind Khanakorn’s suicide attempt but the court would investigate further.
The Cross-Cultural Foundation said as it has supported the judicial process in the southern region for more than 15 years and the foundation found the 25-page statement important even though it was a one-sided narrative. The document needs to be examined further in order to find the truth for the public.
The foundation demanded three actions from the Court of Justice.
First, every person suspected of being involved in Khanakorn’s predicament must be transferred out of their posts in order to ensure a fair investigation and the designated inquiry team should also include outsiders.
The foundation called for an investigation into alleged special power which had led to the unfair trial of the suspects in the deep South as cited by Khanakorn.
The foundation stated that this was an important cae and it it would test the credibility of the Court of Justice. The court needed to look into alleged unfair trials in order to improve the process. The judicial body could not just dismiss the incident as a personal issue of the judge and leave people in frustration. The stakes are high as it could affect people’s trust in the justice system, the foundation added.
Meanwhile the Office of the Judiciary secretary-general, Sawawut Benjakul, visited Khanakorn at the hospital and said the judge was safe now and he could even converse. But Sarawut did not ask him about Friday’s incident. Sarawut reiterated the independence of the Court of Justice and that judges could make judgements without interference from anybody. He said the Judicial Commission would meet on Monday to look into this incident.
Many netizens expressed their support for Khanakorn while some blamed his action as driven by political motive, with the debate and hate speech on social media showing a very politically divided society.