General Rules

PART 2

INQUIRIES

Title 1

General Rules

Section 120

Note that the public prosecutor is prohibited from filing any case with the court. This unless an investigation into the offense has been conducted before the filing of the charges.

Section 121

The investigating officer in Thailand has the authority to investigate all criminal cases. However, in cases of personal offenses, no investigation shall be conducted unless there is a formal complaint filed according to established regulations.

Section 122

An investigation shall not be conducted by the investigating officer in the following cases: 1. This when the injured party requests assistance. However refuses to file a formal complaint in accordance with regulations;

2. Likewise when the injured party files a lawsuit independently without first filing a complaint;

3. Lastly when a letter of accusation is presented in the form of an affidavit. This or when the person who accuses refuses to identify themselves. Likewise refuses to sign or record the accusation.

Section 123

Any injured person may file a complaint. This through the investigating officer. The complaint in any matter must include the following details:

1. The name and address of the complainant in this case;

2. Likewise the nature of the offense in question;

3. Secondly the full circumstances surrounding the offense;

4. The damage suffered by the complainant;

5. Lastly the name or description of the alleged perpetrator, if known. Note that this complaint in question may be made in writing or be made orally. If the complaint is written. Then this must include the date and the complainant’s signature as well. If however its made orally. Then the investigating officer must record it, which includes the date and signature of both the officer and the complainant.

Section 124

The injured person may also file a complaint with an administrative official or a police officer. This whose position is above or equal to the investigating officer. Likewise someone who is responsible for maintaining public order. Once they receive a complaint letter. The official must promptly send it to the investigating officer and retain any relevant records for their benefit.

In the case of an oral complaint. There needs to be arrangements must be made for the injured person to meet with the investigating office. This to record the complaint, as per Section 123. Likewise should this be urgent, the official may take notes themselves but must promptly send them to the investigating officer for record-keeping.

Section 124/1

The provisions of Section 133 bis, paragraphs one, two, and three shall apply mutatis mutandis to the recording of complaints in cases where the injured party is a child under eighteen years old. However, if there is a valid reason that a psychologist or social worker cannot be found, or if the child does not wish to wait for such assistance, the receiving official shall record this reason in the complaint record.

Section 125

Once the investigating officer or any administrative or police official has investigated or responded to a request for assistance, it is their duty to handle the complaint according to the regulations outlined in Sections 123 and 124.

Section 126

At any stage, the complainant has the right to withdraw their complaint. In cases that do not involve personal offenses. The withdrawal of the complaint does not remove the investigator’s power to conduct an investigation. Likewise to prevent the prosecutor from prosecuting the case.

Section 127

The provisions of Sections 123 to 126. These must apply mutatis mutandis to matters of accusation. An official receiving an accusation may not record it in the following cases: 1. When the person making the accusation refuses to disclose their identity; 2. Likewise when the accusation is presented as an affidavit; 3. Lastly when the accuser refuses to sign the recorded accusation.

Section 128

The investigating officer has the power to appoint other officials to act. This will be done of their behalf in the following circumstances: 1. If the matter being investigated is outside their jurisdiction, they may refer the issue to an investigator with the appropriate authority;

2. For minor matters within their jurisdiction, they may either handle them personally or delegate the task to a subordinate.

Section 129

In cases that require an autopsy, particularly when death results from a criminal act, the autopsy must be completed before the accused can be prosecuted in court.

Lastly also see the Provisional Release article as well as the Search with or without a warrant and the Bangkok divorce lawyers article.