Criminal Prosecutions and Penal Actions

Title 3 of the criminal procedure code. Note that this is Chapter 1. Likewise there is a Section 28 which allows cases to be filed by prosecutors or injured persons. Just like Sections 29–30 permit close relatives or legal representatives to continue cases if the victim is deceased or incapacitated. Likewise where victims may join prosecutor-led cases. Additionally Sections 31–33 allow the prosecutor to join or take over a victim-initiated case and resolve conflicts if both file separately. Speak to us as your criminal law firm in Thailand and see one of Bangkok criminal law firms.

Thirdly, Section 34 affirms that a prosecutor’s refusal to prosecute doesn’t bar the victim from filing. Likewise in Sections 35–36 govern case withdrawal and refiling. This depends on the type of offense and who withdrew. Sections 37–38 allow minor offenses to be settled by fines or compensation, sometimes without court trial. Lastly you will also note that Section 39 lists conditions that end prosecution, such as death, withdrawal, settlement, final judgment, law changes, or expired statute of limitations. Speak to us as your criminal defense lawyer in Bangkok. 

Section 28

You will note that in Thailand, criminal cases can be filed by the prosecutor or on occasion the injured person. Section 29

If the injured person dies, close relatives (parents, spouse, children) may continue the case. If the victim was a minor or incapacitated, a legal representative may proceed. Section 30

In cases filed by the prosecutor, the injured person may join as plaintiff anytime before the Court of First Instance rules. Section 31

In cases initiated by the injured party, the prosecutor may join before final judgment if it’s not a personal offense.Section 32

If both prosecutor and victim are plaintiffs and the victim’s actions may harm the case, the prosecutor may ask the court to intervene. Section 33

If both prosecutor and victim file the same case in different courts, the court may combine the cases, with the consent of the other court. Section 34

A decision not to prosecute does not prevent the injured party from filing a case independently.

Section 35

A case may be withdrawn anytime before the Court of First Instance judgment. If the defendant has responded, the court must ask if they object. For personal offenses, the defendant’s objection blocks withdrawal. Section 36

Withdrawn cases may not be refiled unless:

1. The prosecutor withdrew a non-personal offense—victim may refile. 2. The prosecutor withdrew a personal offense without victim’s written consent—victim may refile. 3. The victim withdrew a case—prosecutor may refile, except for personal offenses.

Section 37

Cases may be settled without trial if:

1. Offense is only punishable by fine and the offender pays; 2. Minor/petty offenses or tax fines under 10,000 baht are paid; 3. Likewise In Bangkok, fines are paid as set by qualified police officers; 4. The right to settlement is allowed under other laws. Section 38 You will note that for minor offenses. Those committed under Section 37(2)-(4), officials may accept: 1. Offer a fine—if paid within 15 days, the case is closed; 2. Set compensation—if parties agree.

Section 39

The criminal prosecution will end if: 1. The offender dies; 2. The complaint is withdrawn or has been settled in personal offenses; 3. The case is settled under Section 37; 4. A final judgment is issued; 5. Law later decriminalizes the act; 6. Statute of limitations expires; 7. Law grants immunity.

Lastly also see the articles on Jurisdictions of Courts as well as Investigation and Inquiry Powers.

The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.