criminal procedure in thailand

Thai Criminal Code | Thailand Law Library Criminal Cases in Thailand. (2)No criminal or civil proceedings shall be entertained by any court against any person for damages resulting from any information given by him in pursuance of subsection (1). The acts of a child not over seventeen years of age shall not be subject to the provisions of this Section. If such person refuses to execute a bond, or cannot furnish security, the Court shall have the power to order such person to be confined until such person executes the bond or furnishes security, but such person shall not be confined for more than six months, or the Court may give order prohibiting such person to enter a specified area according to Section 45. Section 311 Whoever, by negligence causes the other person to be detained, confined or deprived of the liberty of person, shall be punished with imprisonment not exceeding one year or fined not exceeding two thousand Baht, or both. The provisions in the second paragraph of Section 24 shall not apply to the confinement in lieu of fine. A person inflicted with the punishment of confinement must work according to the rules, regulations and discipline. Steam-boat or motor-boat of five tons upwards used for public transportation shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht. The Criminal Procedure Code of Thailand by Thailand., 1968, [Translation& Secretarial Office] edition, in English On behalf of determination of hour time according to paragraph 3, President of the Supreme Court shall be empowered in issuing a judiciary government rule of Court of Justice determining an hour amount deemed as one clay-work for Social Service or Public Interest each kind as deemed advisable. Restrains or detains any person, shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life, or death. -----------------------------------------. Section 297 Whoever, commits bodily harm, and thereby causing the victim to receive grievous bodily harm, shall be punished with imprisonment of six months to ten years. Section 170 Whoever, refusing to comply with a writ or order of the Court requiring him to come and make a statement, to come and give evidence or to forward any property or document in any judicial proceeding, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both. Suspects may apply for bail, but bail is granted significantly less frequently than in many Western jurisdictions. Procures a meeting place or lodge for a secret society or criminal association ; Induces a person to become a member of a secret society or criminal association; Aids a member of secret society or criminal association by contribution of money or in any other way; or. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination: Section 92 If whoever, having been adjudged finally to be convicted by imprisonment, has committed any subsequent offence during the time still having to undergo the punishment, or within five years as from the date of passing the punishment, if the Court will sentence for the subsequent offence to be imprisoned, the Court shall increase the punishment to be inflicted upon such person by one-third of the punishment as prescribed by the Court for the subsequent offence. The large number of criminal reports has resulted in delays in investigations and prosecutions. Booking - An administrative procedure that records the name, address, telephone number, photographs . Courts of Justice are of three levels: the Court of First Instance, the Court of Appeal, and the Supreme Court. If the aforesaid offences are committed by an ascendant against his descendant, or by a descendant against his ascendant, or by a brother or sister of the same parents against each other, the offences shall, even though not provided by the law as compoundable offences, be deemed as compoundable offences. Section 269/5 Whoever uses the electronic card of other person wrongfully in a manner likely to cause detriment of other person or people, such person shall be punished imprisonment not more than five years or fined not more than hundred thousands Baht or both fined and imprisonment. For further information on transfer requests, please consult A Guide for Canadians Imprisoned Abroad. Steps of the criminal procedure - Madeleyn Attorneys If the investigating officer cannot complete the investigation within this time, the law requires that the alleged offender be placed in the custody of the court. According to the U.S. Bureau of Labor Statistics (BLS), the projected job growth for lawyers from 2016-2026 is 8%. Section 356 The offences in this Chapter are compoundable offences. If the offence mentioned in the first paragraph is committed in the criminal proceedings, the offender shall be punished with imprisonment not exceeding seven years and fined not exceeding fourteen thousand Baht. The investigating officer is required to give the alleged offender an opportunity to defend himself or herself and provide facts that are of benefit to his or her case. Drug Laws in Thailand | Thailand Law Section 309 Whoever, compels the other person to do or not to do any act, or to suffer any thing by putting him in fear of injury to life, body, liberty, reputation or property of him or another person, or commits violence so that he does or does not do such act, or suffers such thing, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both. Section 371 Whoever, carries arms in a town, village or public way openly or without a reasonable cause, or carries arms in a gathering assembled for worship, entertainment or any other purpose, shall be punished with fined not exceeding one hundred Baht, and the Court, shall have the power to forfeit such arms. Section 207 Whoever to cause a disturbance at an assembly of religious persons lawfully engaged at the time of meeting in religious worship or performing religious ceremonies shall be punished with imprisonment not exceeding one year or fined not exceeding two thousand Baht, or both. You have entered an incorrect email address. The context of criminal law in Thailand is very similar to other jurisdictions. Section 335 bis Whoever, commits theft by taking away the Buddhist Statue, religious object, or any part thereof, which is possessed for the public to worship or kept for being the property of Nation, shall be punished with imprisonment of three to ten years and fined of six thousandto twenty thousand Baht. It will not normally be passed on to anyone other than the consular officials concerned with your case without your permission. In calculation of period of the time the date beginning detention on behalf of fine shall be calculated together, and the full day shall be calculated without into consideration of hour amount. Section 44 Prohibition to enter a specified area is the prohibition to enter a locality or place specified in the judgment. Whoever, in order to gratify the sexual desire of another person, obtains the person who is procured, seduced or taken away according to the first, second or third paragraph or supports in such commission of offence, shall be liable to the punishment as provided in the first, second or third paragraph, as the case may be. Section 242 Whoever dishonestly diminishes the weight of a coin issued by the Government, shall be punished with imprisonment not exceeding seven years and fined not exceeding fourteen thousand Baht. Criminal Procedure - Criminal Law - USLegal Section 346 Whoever, in order to take a property of another person for himself or a third person, induces any person to dispose of the property at a disadvantage on account of the induced person being weak-minded, or being a child lacking in intelligence and being unable tounderstand reasonably the essentials of his acts so that the induced person submits to the disposal of such property, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. Criminal Procedure Act (Chapter 20) | Tanzlii (If a statement is given, it can be used as evidence in the court of law.). Once the application has been submitted, a response is usually provided on the same day. The death penalty is an option for several offences, including some drug-related offences. Contents 1 Background The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. If you are detained or arrested abroad and wish to have Canadian consular officials notified, you should communicate that request clearly to Thai authorities. Section 259 If the commission under Section 258 as commission relating to tickets disposed to public people for entering into any place, the doer shall he imprisoned not out of one year or fined not out of two thousand Baht, or both. Whoever makes preparations for causing death to the Queen, the Heir-apparent or the Regent, or does any act to assist in keeping secret any intention to commit such offence, shall be punished with imprisonment of twelve to twenty years. Size. Whoever brings into the Kingdom, or utters or possesses for uttering a coin whose weight has dishonestly been diminished according to the provision in the first paragraph, shall be liable to the same punishment. However, bail is rarely granted. Section 366 The offences in this Chapter, excepting the offence under Section 365, are compoundable offences. The person is required to appear in court on the day of an appointment set by the court. or alters the Government bond or interest coupon attached to such bond with intent to make the other person to believe that it has a higher value than it really has, is said to commit an offence of altering currency, and shall be punished with imprisonment for life or imprisonment of five to twenty years and fined of ten thousand to forty thousand Baht. The Criminal Procedure Act 51 of 1977 intends: to make provision for procedures and related matters in criminal proceedings. Published by Global Affairs Canada Information in this publication is readily available for personal and public non-commercial use and may be reproduced, in part or in whole and by any means, without charge or further permission from Global Affairs Canada. Section 62 Whenever any fact, if really existing, will cause the doing of any act not to be an offence, or the doer not to be punishable, or to receive less punishment, and even though such fact does not really exist, but the doer understands mistakenly that it really exists, the doer shall not be guilty, or shall be exempted from the punishment, or shall receive less punishment, as the case may be. Either party may appeal a judgment of the Court of First Instance to the Appeals Court within one month of the verdict. Overthrow the legislative power, the executive power or the judicial power of the Constitution, or nullify such power; or. Whoever attempts to commit an offence shall be liable to two-thirds of the punishment asprovided by the law for such offence. If the offence mentioned in this Section be committed against the will or on account of unbearable poverty, and the property stolen is of little value, the Court may inflict the punishment on the offender as provided in Section 334. In this Code: Whoever, fills in the contents on a sheet of paper or any other material bearing the signature of another person without the consent or by violating the order of such person, if it has committed in order to take such document for use in any activities which may cause injury to any person or the public, shall be deemed to forge a document, and shall be punished likewise. Handling Criminal Litigation in Thailand. Section 89 If there are the circumstance personal to any offender so as to excluded, reduce or increase the punishment, such circumstances personal shall not be applied to any other offender for committing such offence. Whoever, making any act as preparation for assassinating the King or knowing that there is the person who will assassinate the King, having made any act to assist in keeping the secret act, shall be punished by life-imprisonment. For enquiries, please contact us. The Criminal Procedure Code Thailand - Isaan Lawyers Section 279 Whoever, commits an indecent act on a child not yet over fifteen years of age, whether such child shall consent or not, shall be punished with imprisonment not exceeding ten years or fined not exceeding twenty thousand Baht, or both. www.samuiforsale.com. Section 18 Punishments for inflicting upon the offenders are as follows: The capital punishment and life imprisonment shall be not enforced to offender less than eighteen years of age. Section 363 Whoever, so as to take hold of the immovable property belonging to the other person for oneself or the third person, removing or destroying the boundary mark or such property inwhole or in any party, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. Section 1 This Act is be called the "Act Promulgating the Criminal Code, B.E. If the robbery is coupled with death of the victim, the offender shall be sentenced to death or life imprisonment. Section 347 Whoever, so as to oneself or the other person to obtain the benefit the insurance, maliciously causing the danger to the insured property, shall be imprisoned not out of five years or fined not out of to thousand Baht, or both. But, if the sentenced person is kept in custody prior to the judgment of the Court, the number of days in custody shall be deducted from the period of imprisonment according to the judgment, unless the judgment provides otherwise. The most common types of collateral that may be used are cash; bank passbook containing a fixed deposit equivalent to the amount of bail required; and/or land title deeds. The Courts of Justice are those which try and adjudicate cases of civil and criminal nature. Under Thai law, the death penalty is an option for several offences, including some drug-related offences. If the offence being committed under any of the circumstances mentioned in Section 289, the offender shall be punished with imprisonment of three to twenty years. Section 98 If any person, convicted by the final judgment, has not yet undergone the punishment, or has not completely undergone the punishment on account of having made an escape, and such person is not brought to undergo the punishment till the following periods of time reckoning from the day of the final judgment, or the day on which the offender has made the escape, as the case may be, the execution of punishment shall be precluded by prescription, and the punishment shall not be inflicted upon such person: Section 99 If the seizure of property paying the fine or confinement in lieu of fine has been made within five years as from the date of final judgment, neither seizure of property nor confinement shall be unable to make. The following is a list of these procedures. Whoever dishonestly buys, disposes, or accepts a minor to taken away according to the first paragraph, shall be liable to the same punishment as the person who takes such minor away. Section 107 Whoever, assassinating the King to the death, shall be punished by the death. The legal system of Thailand is based upon civil law. Provided that no more is done than is reasonably necessary under the circumstances. CRIMINAL PROCEDURE ACT - elaw.klri.re.kr http://www.samuiforsale.com. The principal law sources in Thailand are: Constitution of Thailand - prevails over other laws. An appeal must be submitted within 1 month from the date of judgment by submitting a petition with the court that issued the judgment. However, the defence must be given an opportunity to cross examine and to present evidence to rebut the evidence submitted by the prosecutor. If the proportion of the increase is equal to or more than that of the reduction, the Court may, if it thinks fit, not increase or not reduce the punishment. However, if there are delays due to witness scheduling, the court can reschedule new dates. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Media in category "Criminal Procedure Code of Thailand" The following 5 files are in this category, out of 5 total. While every effort is made to provide accurate information, information contained here is provided on an as is basis without warranty of any kind, express or implied. Section 139 Whoever, coercing the official to exercise the act un-functionally or refraining from the discharge of one's duty by doing any act of violence or threatening to do any act of violence, shall be imprisoned not out of four years or fined not out of eight thousand Baht, or both. if the Court has passed the judgment of death upon the offender, but, according to the law as provided afterwards, the punishment to be inflicted upon the offender is not as high as death, the execution of the offender shall be suspended, and it shall be deemed that the punishment of death according to the judgment has been changed to be the highest punishment to be inflicted according to the law as provided afterwards. If the offence as mentioned in the first paragraph is committed by breaking open the place of confinement, by doing any act of violence, by threatening to do any act of violence or by participation of three persons upwards, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. In case of the fined person to be detained before the Court's trial, the day amount when one person to be detained shall be deducted from the fined money amount which is deemed the rate of two hundreds Baht per one day, unless such person is adjudged and inflicted both imprisonment and fine. Section 370 Whoever, creates a noise, causes a noise or disturbance without a reasonable cause so as to frighten or trouble the public, shall be punished with fined not exceeding one hundred Baht. The rule and procedure of execution shall go according to regulation designated by Ministry of Justice by its publication in the Government Gazette. However, an arrest can be made without a warrant in the following instances: If you break the laws of another country, you are subject to the judicial system of that country. The judgment includes a summary of the complaint filed by the prosecutor, the plea entered by the defendant, the evidence presented by the prosecutor and the defendant, the findings of the court and the verdict. Section 234 Whoever, by any means whatever, to render an equipment used for production, transmission of electric energy or the supply of water so as to cause lack of convenience to the public, or likely to cause danger to the public, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. COVID-19 Impact on Thai Labor Market; . Section 83 In case of any offence is accrued by commission of the person as from two persons upwards, such accomplices deemed to be principals shall be punished as provided by the law for such offence. It has jurisdiction over cases not embraced under the jurisdiction of the Constitutional, Administrative and Military Courts. Mediation as an Alternative to Criminal Prosecution: An Exploration of Section 175 Whoever, taking the false information to charge the person in the Court with the commission of the criminal offence out of it to be really, shall be imprisoned not out of five years and fined not out of ten thousand Baht. If the commission of the offence according to the first paragraph is occurred to the child not yet over fifteen years of age, the offender shall be punished with imprisonment of ten to twenty years and fined twenty thousand to forty thousand Baht, or imprisonment for life, or death. If the commission of the offence according to the first paragraph or Section 310 bis or Section 312 causes: Section 312 ter Whoever, by dishonestly, accepting, disposing, procuring, seducing or taking away the person over fifteen years but not yet over eighteen years of age by such person's consent,shall be imprisoned not out of five years or fined not out of ten thousand Baht, or both.If the committing the offence according to paragraph 1 committed to the child not yet out of fifteen years of age, such offender shall be not out of seven years or fined not out of fourteen thousand Baht, or both. If the person is in the custody of the court, then the application shall be submitted to the court. Section 213 Whenever an offence is committed by any member of a secret society or criminal association in prosecution of the common aim of such society or association, every member who was present at the time of the commission of such offence, or who was present at the meeting where the commission of such offence was decided upon, and the chief manager or office-bearer of such society or association, shall be liable to the punishment prescribed for such offence. Any official, who has been duly ordered to discontinue further exercise of his functions still continues to exercise such functions, shall be liable likewise to the punishment as provided in the first paragraph. If the robbery causes death to the other person, the offender shall be punished with death or imprisonment for life. Criminal Cases in Thailand litigation under Thai law is brought before a court which has jurisdiction over the case. Criminal Cases in Thailand - Thailand Legal Services Criminal Law | Thailand Law All cases in Thailand start with an accusation. If such offence of receiving stolen property is committed against the property obtained by theft according to Section 335 bis, by the robbery according to Section 339 bis, or by the gang-robbery according to Section 340 bis, the offender shall be punished with imprisonment of five to fifteen years and fined of ten thousand to thirty thousand Baht. A written statement given by a witness in the form of an affidavit is deemed to be hearsay. Section 229 Whoever, by any means whatever, renders a public way, sluice gate, dam or embankment, which is a part of a public way or taking off and landing place for airplanes to be in the condition as likely to cause danger to traffic, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. Section 8 Upon coming into force of the Criminal Code, whenever the provisions of any law refer to the Criminal Law in B.E. Section 67 Any person shall not be punished for committing any offence on account of necessity: Section 68 Any person is to commit any act for defending his own right or other person's right in order to except from a danger arising out of violence tortuous to the law and such danger to be imminent, if reasonably having committed under the circumstance, such act is a lawful defense, and such person shall not have a quilt. Search for Library Items Search for Lists Search for Contacts Search for a Library. The main provisions of criminal procedural law in Thailand are contained in the Criminal Procedure Code 1935. When filing a complaint, the claimant should consider some important factors, including the merits of the claim, the designation of the case, the jurisdiction of the court and the determination of relevant parties. In determination of period of the hour time on behalf of the fine according to paragraph 3, the provision of Section 30 shall be enforced mutatis mutandis and in case of the Court does not designate the fined person to work thenceforward, the said work must be within the period of two years as from the date beginning work designated by the Court. Section 115 Whoever, instigates any member of the armed forces or the police forces to desert or not to perform his duties, or to commit mutiny, shall be punished with imprisonment not exceeding five years. Copyright 2022 Siam Legal International. By a person carrying an arm, the offender shall be punished with imprisonment ofsix months to seven years and fined of one thousand to fourteen thousand Baht. If the persons so released from such confinement are the persons sentenced by any Court to death, imprisonment for life or imprisonment of fifteen years upwards, or numbering from three persons upwards, the offender shall be punished with imprisonment of six months to seven years and fined of one to fourteen thousand Baht. Section 257 Whoever, using, selling, offering for sale, exchanging or offering for exchange the stamp begotten from the commission as aforesaid by Section 254 or Section 256 whether commission under such Section being committed inside or outside the Kingdom, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. Whether the police finds probable cause or not, it is obliged to send a recommendation to the public prosecutor. Whoever, conceals the person who is taken away according to the first or secondparagraph, shall be liable to punishment as provided in the first or second paragraph, as the case may be. The Thai and Canadian criminal law systems are significantly different. Section 172 Whoever, giving any false information concerning a criminal offence, which may likely cause injury to the other person or the public, to the Public Prosecutor, official conducting cases, inquiry official or any official who has the power to investigate the criminal cases, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. Section 191 Whoever, by any means, causes to the persons under confinement by the power of Court, a Public Prosecutor, an inquiry official or an official who has the power to investigate the criminal cases to be released from such confinement, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. If the gang-robbery according to the first or second paragraph is committed by acts of cruelty so as to cause bodily or mental harm to the other person, by shooting with a gun, byusing explosive or by acts of torture, the offender shall be punished with death orimprisonment for life. Copyright 2021 Thailand Law | All Rights Reserved. They are as follows: immigration officers border police coastguards Inspectors from municipalities and inspectors from the Ministry of Health and Prevention. 2499 (1956)" Section 2 This Act shall come into force as and from the day following the date of its publication in the Government Gazette. Section 298 Whoever, committing the offence under Section 297 under any circumstance as prescribed by Section 289, shall be imprisoned as from two years to ten years. If the commission of such offence causes death to the person taken away, restrained or detained, the offender shall be punished with death. Criminal procedure law in rwanda 2019 pdf - Leolawoffice In the event the defendant pleads guilty, the law permits the court to reduce the punishment by not more than one half. Your choice of legal representation in Thailand can be critically important and should be made with care. Section 339 bis If the robbery is committed against the thing according to the first paragraph of Section 335bis, the offender shall be punished with imprisonment of ten to fifteen years and fined of twenty thousand to thirty thousand Baht. Note *Procedures can change suddenly in Thailand; it is advisable to contact the agencies directly before progressing and applying for the . Overview of the criminal law system in Thailand - Travel.gc.ca Section 214 Whoever, behaves habitually, lodges or procures the retreat place or meeting place to the persons whom oneself knowing to have the committed offence as provided by this Book 2, such person shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. The criminal procedure code of Thailand. - worldcat.org This Code applies to criminal case in all courts of Justice except in Kwaeng courts (District Court), Procedural laws in Kwaeng courts are governed by the Setting up and Criminal Procedure of Kwaeng Courts Act . Acts and statutes - Many of which created and amended the 4 basic codes: Civil and Commercial Code (CCC), Penal Code (PC), Civil Procedure Code, and the Criminal Procedure Code. The public prosecutor, upon review of the file, can order that the alleged offender be either prosecuted or not, or order further investigation on particular issues that are deemed unclear.

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