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The provisional or temporary release (Section 106) may be requested at any stage by the accused, defendant, or related parties. Note that it can also be granted by the investigating officer, prosecutor, or court. This decision which comes from (Section 108) considers factors like the severity of the charges. Likewise the person flight risk, and potential harm to evidence or witnesses.
Likewise conditions may include residence restrictions or electronic monitoring. Notice that release may be denied (Section 108/1) if there is risk of evidence tampering, flight, or public danger, and witnesses may object to the release. So with regards to (Section 108/2) if they feel endangered. Likewise also see the article we wrote on the issues such as same sex prenuptial agreement as well as Thailand extradition laws.
Likewise with regards to bail (Sections 109–113/1). This may be required depending on the offense’s seriousness, with conditions for modification or extension. Note that If the release is secured through surety or collateral (Sections 112–116).
This is where there is a binding insurance contract must be signed. This with terms adjustable by the court. If breached, courts may enforce the contract (Section 119) by auctioning the guarantor’s property. Finally, denials of release can be appealed to higher courts (Section 119 bis). Likewise also read our article on examples of personal crimes as well as lgbt visa UK as well.
This request for temporary release can be made by the defendant, accused or a person with a related interest at any point in the process. The temporary release can be granted by a number of people in the legal process. This can be done by the investigating officer, prosecutor, or court depending on the case’s status.
The temporary release is decided on a number of factors. The gravity of the charge the likelihood of the person fleeing. Likewise there is the risk of more damage being done to the case as well as the evidence in the case. The release conditions can include residence restrictions or having the use of electronic monitoring.
The temporary release can be denied where there is the risk of tampering with evidence, the accused fleeing or the endangering of others.
There could be an objection for the release by important witnesses. They could be endangered by the persons release.
There can be a release with or without the need for bail.This will depend on the severity of the offenses. With higher penalties there will be a need for more stringent bail or security. Note that temporary release can be extended or altered under certain conditions.
Where the release is based on surety or collateral. Then the release comes with the contingent on a signed insurance contract or guarantee. The court have the ability to adjust the terms if the contract is breached.
At the discretion of the court the contract can be enforced on its terms. They could seize the property and auction off the guarantor’s property.
If the request for temporary release is denied. The accused has the right to appeal the decision, with provisions for appeal to the Appeal Court and the Supreme Court.
Also read the Search with or without a warrant as well as the Arrest, Detention and Imprisonment. So speak to us and make us you criminal lawyer in Thailand should you need assistance.
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The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.