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Criminal Procedure Code of Thailand Section 15 Where no provisions of the present Code is specifically applicable to any procedural act, the provisions of the Civil Procedure Code shall apply to the extent possible. 51 has been amended by the Act Amending the Criminal Procedure Code (No. (2) Where the accused is detained by virtue of a judicial warrant and a charge against him is not yet preferred in court, the application shall be made to such court. A warrant of detention shall remain in effect until the court replaces it with a warrant of release or imprisonment.A warrant of detention may be withheld or replaced with a warrant of release, when it appears to the court that the accused or defendant has not yet attained his eighteenth year, is conceiving a child, has given birth to a child for a period not yet over three months or is ill to the extent that, if detained, he would confront with fatal danger, without prejudice to the courts power to, by order, rule that the accused or defendant is to be under the care of an official or person agreeing to take charge of him or that certain measures are to be undertaken in order to prevent his abscondence or any possible injury. Unless elsewise indicated in the judgment, all persons convicted of the same offence shall be jointly and severally liable for restitution of property or value thereof or for payment of compensation or costs. The motion under paragraph 1 must be submitted before the taking of evidence takes place or, where the taking of evidence is not required, before the case is adjudicated. Section 20 Where an offence punishable under Thai law has been committed outside the Kingdom of Thailand, the Attorney-General or the person serving ad interim as the Attorney-General shall be the responsible inquirer, but he may entrust any public prosecutor or inquirer to exercise the power of inquiry on his behalf. Where wrapped or sealed real evidence is unwrapped or unsealed, the rewrapping or resealing shall be made in the presence of the party or witness concerned. As for other exhibits, a detailed list thereof shall be drawn up and attached to the file. The application, consideration and issuance shall be in conformity with the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. Upon having rendered any order, the court shall dispatch its inquest file to the public prosecutor for the purpose of further operation. 55/1 has been inserted by the Act Amending the Criminal Procedure Code (No. Such order may be rendered either prior to the trial or in the course of the trial. Where any other specific warrant has been obtained, or where a flagrant offence is committed, in which event the official making the search shall be empowered to arrest any person or seize any article discovered there. In the event that the inquirer or court finds the accused or defendant insane and unfit to plead, the inquiry, preliminary hearing or trial shall be suspended until the person in question recovers his sanity or is fit to plead. 22), BE 2547 (2004). English and Thai are spoken at all times. The application, consideration and issuance shall be in conformity with the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. In the event that the said preliminary examination is ordered, if the defendant pleads guilty, the court shall admit the charge for trial. The outlays accruing from the analysis under this section shall be covered by the budget in pursuance of the rule issued by the National Police Headquarters, Ministry of Interior, Ministry of Justice or Office of the Attorney-General, as the case may be, with approval of the Ministry of Finance. Section 94 An administrative or police official who is to conduct a search in a private place shall order the owner, inhabitant or keeper of such not to resist his admittance and to provide convenience in every respect for the purpose of enforcing the warrant of search. If, following an order granting a provisional release, the circumstances of the case have changed, the official or court shall be invested with the power to decrease the security as deemed appropriate.If the case is appealed to a superior court after a provisional release has been granted, the superior court shall be authorised to alter an amount of money in the bail bond or modify any condition stipulated by the inferior court as deemed appropriate. Section 28 The followings are entitled to institute criminal prosecution in court: Section 29 If the victim dies following having instituted a prosecution, the deceaseds ascendant, descendant or spouse may proceed with the case in his stead.If the victim who is a minor, insane person or incompetent person dies following his statutory agent, custodian or representative ad litem having brought a prosecution on his behalf, the latter may proceed with the case. (3) Where the search is for the purpose of arresting an atrocious person or seriously wanted outlaw, it may be performed in nighttime, but special permission of the court must be obtained according to the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. The provisions of this section shall mutatis mutandis apply to the public prosecutors filing an appeal to the court of second instance or court of last resort or entering a nolle prosequi in the court of first instance, court of second instance or court of last resort. The official shall have the power to retain the article seized until the finality of the case. A warrant of release of an accused or defendant detained by virtue of a judicial warrant shall be directed in any of the following cases: (1) When the court provisionally releases the person. This page was last edited on 8 July 2022, at 20:41. Appoint a counsel to represent him in the course of a preliminary hearing or trial in the first instance, as well as in the second instance and the last resort. Deeming appropriate, the court of first instance shall, by order, grant the application. A warrant of detention may be withheld or replaced with a warrant of release, when it appears to the court that the accused or defendant has not yet attained his eighteenth year, is conceiving a child, has given birth to a child for a period not yet over three months or is ill to the extent that, if detained, he would confront with fatal danger, without prejudice to the courts power to, by order, rule that the accused or defendant is to be under the care of an official or person agreeing to take charge of him or that certain measures are to be undertaken in order to prevent his abscondence or any possible injury. Should the application be eventually granted by a judicial order, the court may also require the applicant to offer bail or may stipulate any condition as deemed appropriate. Section 149 Wherever an unnatural death occurs, a spouse, relative, friend or guardian of the deceased who is aware of such death shall be obliged to: The obligations under the foregoing paragraph shall also extend to all other persons who discover the corpse at the place where none of the spouse, relatives, friends or guardians of the deceased is present.Any person who fails to comply with the obligations under this section shall be liable to a fine not exceeding one thousand baht. The reliability of the applicant or of his bail or security. Criminal Procedure Code Amendment Act (No. The criminal procedure code of Thailand. - worldcat.org Republican Decree By Law No. [13] For 1994 Concerning the Field Value; Having granted the application, the court shall serve a copy of the modified or supplemented charge upon the defendant in expectation of his plea and may order the supplementary charge to be tried dis-jointly. Section 148 Whenever it is manifested or reasonably suspected that any person has died an unnatural death or died while being restrained by an official, an autopsy shall be held, save where the person has been put to death lawfully. (6) Inspect or copy the plea he has given during the inquiry or the supplementary document thereof. If the warrant is delivered or forwarded to two or more officials, they may enforce the warrant independently or jointly. The court admitting the connected cases may try and adjudicate them jointly. Section 84 The official or private citizen conducting the arrest shall without hesitation bring the arrestee to the local office of inquiry pursuant to section 83 where the arrestee shall be delivered to an administrative or police official attached to such office. 198 bis has been inserted by the Act Amending the Criminal Procedure Code (No. 22), BE 2547 (2004). The court shall serve a copied charge upon one defendant after the other. The signature of the prosecutor, as well as that of the person preparing, writing or typing the charge. He is entitled to remain silent. The counsel appointed by the court under this section shall also be entitled to the gratuity and outlays as on a par with the counsel appointed by the court under section 173. Section 89 A warrant of detention or imprisonment shall be enforced inside the district of the court issuing it, save where the present Code or other law shall elsewise prescribe. Criminal Procedure in Thailand | Siam Legal International 89/1 has been inserted by the Act Amending the Criminal Procedure Code (No. 22), BE 2547. Prior to the issuance of any warrant, there shall be justifiable evidence to ensure the court that the reasonable grounds for issuing such warrant are established in accordance with section 66, 69 or 71. Section 106 An application for provisional release, whether on own recognizance, with bail or with bail and security, of an accused or defendant, whether restrained or detained by virtue of a judicial warrant, may be made by the accused or defendant himself or by any interested person as follows: Where the application is made to the court of first instance, such court of first instance shall straightway forward it to the court of second instance or court of last resort, as the case may be, for decision. Laws, statutes, etc.] If, following the delivery of the said order, the accused or defendant fails to comply with the measures ruled or the circumstances have changed, the court may alter the order or replace it with a warrant of detention as deemed appropriate. When the case has been so dismissed, the defendant shall not be once again subject to a prosecution on account of the same charge. The motion under paragraph 1 may not include any application other than that for coercively directing the defendant to make compensation for the loss arisen through his commission of offence, and may not be contrary to or inconsistent with the charge entered by the public prosecution in the criminal case. If the defendant has been convicted of an offence before and the prosecutor wishes to apply for enhancing the penalties on account of recidivism, he shall make such application in the charge. (2) An ascendant, descendant or spouse, only in respect of the offences causing the victim to sustain bodily harm to such an extent that he ceased to live or is unable to act by himself. In this respect, the inquirer or public prosecutor shall deliver any related order without delay, and may require the applicant to offer bail or to comply with any condition stipulated. Section 132 For the purpose of collecting evidence, the inquirer shall be invested with: Section 133 The inquirer shall be empowered to, by summons, require the victim or any person whose statement would light the case up to appear at the time and place designated in the summons. Upon receipt of the autoptic file, the public prosecutor shall, within a period of thirty days as from the date of such receipt, enter in the court having jurisdiction over the locality where the corpse is a motion requesting such court to hold an inquest and render an order indicating, as far as possible, the information as to the name of the deceased, the place and time of the death, the cause and circumstances of the same and, if it is certain the death has been caused by an act of any person, such person. Section 49 Even no penal action is brought, the court may, when adjudging the criminal case, order an exhibit to be returned to the owner. Section 144 Upon having directed an order of prosecution, the public prosecutor, by virtue of the fact that such offence may be settled, may, sua sponte, exercise the power as follows: Section 145 Where an order of non-prosecution is issued not by the Director-General of the Public Prosecution Department, the inquiry file and such order shall forthwith be forwarded to, in Nakhon Luang Krung Thep Thon Buri, the Police Departments Director-General, Deputy Director-General or Assistant Director-General or, in other Changwat, the Governor of such Changwat. 109 has been amended by the Act Amending the Criminal Procedure Code (No. Where there is a cry for help emanating from such private place, or there is any other sound or circumstance indicating that an unfavourable event is coming to pass in the same. Where any legal provision requires a psychologist or social worker to participate in the lodging of a complaint or the holding of an inquiry, preliminary hearing or trial, the psychologist or social worker shall be qualified according to the ministerial regulations. This sentence is not yet final, save where it is affirmed by the court of second instance. The court may not require the defendant to give any plea. Thailand BOI: Enhanced Incentive Packages and Special Incentives for Targeted Activities, Application of Criminal Law (Sections 2-17), Increase Reduction Punishment (Sections 51-55), Principals and Supporters (Sections 83-86), Principals and Supporters (Sections 87-89), Guidelines to Operate Professional Service Business in Thailand. Where any party or person refuses to give or produce any of the described evidence, the court shall be empowered to, by summons, request the officer or person in connection with such confidentiality to make a personal appearance and give statement before it in order to substantiate the facts whereon the refusal is based. At the earliest occasion from the time the arrestee appears at the office of inquiry under paragraph 1, the administrative or police official receiving the arrestee shall, upon having complied with paragraph 1, enlighten the arrestee on the rights set forth in section 7/1, and allow him to contact with his relative or a person in whom he reposes, so that he would inform such person about the fact that he is under arrest and the place of his restraint. (4) Inspect any article adduced as evidence and make a copy or take a photograph thereof. Section 137 Whilst holding an inquiry at a personal residence or elsewhere, the inquirer shall be invested with the power to order prohibiting any person from leaving such place for a period of time as necessary. Deeming an order of non-prosecution should be made, the inquirer shall render to the public prosecution the file and such opinion only. [84], Where the victim witness is required to determine the offender during the arrest proceedings or to identify the accused in the interest of a prosecution, the administrative or police official or inquirer shall, taking into account the safety of the victim or witness according to the circumstances of the case, organise such determination or identification at a proper place and by the means of preventing the offender or accused from laying his eyes onto the victim or witness, save where the victim or witness otherwise consents, in which event such consent shall be note down. The signature of the prosecutor, as well as that of the person preparing, writing or typing the charge. Section 58 The courts shall be given the power to issue the orders or criminal warrants inside their districts, subject to the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. Section 18 In any Changwat other than Changwat Phra Nakhon and Changwat Thon Buri, the superior administrative or police officials, the Assistant Chief Officers of Amphoes and the police officials ranking as or from police sub-lieutenant shall be empowered to conduct inquiries as to the criminal offences which have, or are alleged or believed to have, been committed inside their districts or the persons accused of which are residing or have been arrested inside their districts. If any, the warrant of arrest shall be produced and read to the arrestee. If the statement is not the said admission, it may be adduced as evidence for proving the guilt of the arrestee only when the rights under paragraph 1 or section 83, paragraph 2, whichever applies, have been informed to the arrestee. Moreover, prior to such autopsy, the inquirer shall, as far as possible, enlighten a spouse, ascendant, descendant, statutory agent, guardian or relative of the deceased on the performance. Where appropriate, the inquirer or court shall also be authorised to deliver the person in question to a lunatic asylum, custodian, Commissioner of Changwat or other person willing to take charge of him.In the event that the preliminary hearing or trial has been suspended pursuant to the foregoing paragraph, the case may be disposed of by the court for a provisional period. Discovering and seizing an article which may be used as evidence for the sake of an inquiry, preliminary hearing or trial. An order or warrant of arrest, search or detention may be issued by the court either proprio motu or upon application. The provisions of this section shallmutatis mutandisapply to the public prosecutors filing an appeal to the court of second instance or court of last resort or entering a nolle prosequi in the court of first instance, court of second instance or court of last resort. 28), BE 2551 (2009). 26), BE 2550 (2007). Discovering and rescuing a person who is unlawfully detained or confined. There are a number of considerations to make before committing into purchasing Thailand Real Estate. In this respect, the provisions of section 237 bis shall apply mutatis mutandis. 150 has been amended by the Act Amending the Criminal Procedure Code (No. A warrant of detention of any accused or defendant may be issued by the court at any stage of an inquiry, preliminary hearing or trial pursuant to section 87 or 88 after the accused or defendant is brought before it, and the provisions of section 66 shall mutatis mutandis apply. No appeal is available in cases where the money or property involved amounts to less than 20,000 Thai baht. (Table of contents) (2) ACCUSED denotes a person The applicant or his bail or security is unreliable. (6) A reference to the legal section prescribing that such act constitutes an offence. Upon receipt of an oral complaint, the stated official shall without delay bring the complainant to an inquirer for the purpose of making a note of the complaint pursuant to the foregoing section. In the case of offences liable to any term of imprisonment, should scientific evidence be necessary for proving any facts being a subject matter of the case, the court shall be invested with the power to order any person, object or document to be analysed by scientific means. (3) Where a charge has been brought against the accused, the application shall be made to the court of first instance trying such case. At the earliest occasion from the time the arrestee appears at the office of inquiry under paragraph 1, the administrative or police official receiving the arrestee shall, upon having complied with paragraph 1, enlighten the arrestee on the rights set forth in section 7/1, and allow him to contact with his relative or a person in whom he reposes, so that he would inform such person about the fact that he is under arrest and the place of his restraint. An expert may render his opinion in writing, but the copies thereof must be submitted to the court and served upon the other parties for acknowledgement, and he shall also make a personal appearance before the court for the purpose of giving further testimony in collaboration with his written opinion, save where it is necessary or where the parties do not wish examine him, in which case the court may accept the written opinion without any further testimony. An application for cancelling a bail bond or withdrawing a security may be made when the bailor has delivered the accused or defendant back to the official or court. The official undertaking the service shall be entitled to have his outlays recompensed according to the rule issued by the Ministry of Justice with approval of the Ministry of Finance. 13), BE 2525 (1982). When the court of second instance finds expedient to inspect the file for the purpose of preparing an order as to the petition, it shall order the court of first instance to hand the file up. A case of petty offence, offence whose rate of penalty exceeds not that of a petty offence or offence only liable to a fine which has taken place inside Krung Thep Mahanakhon shall terminate when the accused pays the fine in the amount fixed by the police official of the locality who ranks as from inspector or by a commissioned police official in charge of such function. Discovering and seizing an article pursuant to a judicial judgment or order, in the event where such discovery or seizure cannot be elsewise implemented. The court may give the permission under paragraph 1 only in the event where it views that the trial and adjudication would be fairer. In the event that an application is to be made by an administrative or police official, only an administrative official ranking as or from third class or a police official ranking as or from police sub-lieutenant shall be competent to make the application. If it be the order of the court of first instance, the appeal shall be lodged with the court of second instance. Should the accused give any statement of his own accord, such statement shall be noted down. When the defendant is sentenced to capital punishment, the sentence shall not be enforced until the provisions of this Code governing pardon are abided by. Failing such, the State shall furnish him with a counsel. If the court is shut or is about to be shut, the inquirer shall order the accused to attend court at the earliest occasion that the court is open. As regards the grounds for objection, the court, proprio motu, may note them down or require the party to submit them in a form of statement to be gathered in the file. 134/4 has been inserted by the Act Amending the Criminal Procedure Code (No. (21) RESTRIANT denotes an act whereby an administrative or police official holds in custody or confines an arrestee in the course of his investigation and inquiry. 227/1 has been inserted by the Act Amending the Criminal Procedure Code (No. (2) With respect to a case involving a claim for compensation, if the victim and the accused agree to have the claim settled, the official shall fix an amount of the compensation as deemed appropriate by him or as agreed upon by the parties. The search on the person of a female must be made by another female. Such order may be rendered either prior to the trial or in the course of the trial. When two or more courts are jurisdictional in respect of the same case, if the charge has been preferred to one inside whose district the offence had not been committed according to the charge, the prosecutor or defendant may enter in such court a motion for transferring the case to the other inside whose district the commission of such offence had occurred. The provisions of section 133 bis, paragraphs 1, 2 and 3, shall mutatis mutandis apply to the noting of the complaint in the event that the victim is a child not yet over its eighteenth year, save where, by reason of necessity, a psychologist or social worker, a person applied for by the child and a public prosecutor cannot be found or awaited and the child does not require the presence of, or does not desire to await, such person anymore, in which case the person receiving the complaint pursuant to section 123 or 124, whichever applies, shall record the said fact down into the note. Where the arrest is conducted by a guard of the King, the Queen, the Heir Apparent, a senior member of the royal household ranking from Somdet Chao Fa or the Regent in pursuance of the law on royal aides-de-camp or the laws, bylaws or ordinances on royal guarding. (a) As for a warrant of arrest, the name or identity of the person to be arrested. 28 : Persons entitled to prosecute. Section 151 Where it is necessary to ascertain the cause of the death, the official performing the autopsy shall be invested with the power to order the corpse to be dissected and any portion thereof to be analysed, or the whole or part of the corpse to be delivered to a public physician or analyst. If the person mentioned in the foregoing paragraph resists the admittance of the official, the official shall be permitted to exercise physical force for the purpose of admitting the place and, where necessary, may force his way by opening or destructing any gate, door, window, fence or other similar barricade.
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