Criminal law in Thailand can be complex. There are 2 types of criminal matters which appear before the criminal courts in Thailand. The first would be a case where the public prosecutor has accused the defendant of criminal activity. The second type of case is one where it arises from the civil lawsuit. Always seek advice from a criminal lawyer in Thailand for proper advice and assistance.
Criminal Law in Thailand
In terms of Section 39 of the Thai Constitution B.E.2550 (2007), the defendant is innocent until proven guilty. The first part after an arrest is that you should have the ability to apply for provisional release. In the West this would be called applying for bail. Section 108/1 of the Criminal Procedure Code there are limitations on bail or provisional release. Under this provision the courts can deny bail if they believe that the defendant will leave the country or tamper with evidence or cause other difficulties.
Arrest & Detention
This is a basic breakdown of what happens in Thailand when you get arrested. You can also find our what the process is and also what type of bail you will get if any. There are a number of ways that you can be arrested in Thailand. This can be with or without an arrest warrant as a warrant is not always needed for an arrest to occur.
Bail & Legal Process
Your legal rights in Thailand have also been added to the links above and below. Always check with a criminal attorney while in Thailand. You should know your legal rights when arrested in Thailand and also understand the bail process after being arrested. Always take proper legal advice before making any statement to the police.
The issue of search warrants are covered as well as when you get summoned to the police station for your arrest. There is also a part of the criminal investigation as well as the criminal trial in Thailand. If you are found guilty there is also a prisoner transfer scheme in Thailand but these are only for certain countries and there is a time limit and process to these transfers.
Here you can understand the criminal trial process in Thailand as well as sentencing. There is also the prison sentence as well as international prisoner transfers from Thailand. You would need to know if you country has a prisoner transfer agreement with Thailand.
There is an overview of criminal law in Thailand as well as specific crimes which are committed in Thailand that may be of interest to readers. The most common crime is overstaying your Thai visa as well as assault which does occur. Kidnapping is mainly stemming from family disputes during a divorce and are not very common otherwise. Extradition is something to know as well as prisoner transfer. These have all been covered here.