Criminal Trial

Your criminal trial in Thailand may be months away. Once you have been arrested in Thailand you would have had the option to apply for bail. If your bail application in Thailand has failed, then you would have been remanded to a local prison until the date of your trial. You have your legal rights which have already been explained and you can now follow on to your trial.

Thailand does not have a jury system. So the verdict of guilty or not guilty will rest with the judge. The judge will also be responsible for the sentencing. You will be provided with a copy of the prosecutor’s complaint. The court will also send an official to ask if you plead guilty or not to the charges. If you have an attorney or not is also asked. The court official will return your decision to the court.

If the offense is punishable for less than 5 years and you have waived your right to an attorney. Also you have pleaded guilty. Then the court will issue a judgment the same day without looking at any evidence. As stated elsewhere on this website. It is always best to speak to a criminal lawyer in Thailand first as the may be other implications that you have not looked at. As an example, you might be banned from Thailand and this can be difficult if you have family in Thailand. Always take legal advice first before taking any major decisions.

Should you have been charged with a very serious offense. Such as any crime which carries the death penalty. Then the court will appoint a defense lawyer for you. This is not a good idea either as English might not be her/his language. Also the attorney might be very inexperienced. The court is under obligation in this situation even if you have waived the right to legal assistance.

Plea or Defence

In a case where you have denied the charges. This or in a case where you have to plead guilty to an offense for which the minimum punishment is imprisonment of five years or greater. Accordingly, the court will set an appointment for a meeting of the parties. This would be the public prosecutor as you and your attorney for the criminal trial in Thailand.

You will meet to officially enter your plea and also to inquire regarding the witnesses each party intends to call and the evidence to be submitted. This is similar to ‘discovery’ in the West. At this point, the dates for the hearing of witnesses are set. The interval between the time the accused is served with a copy of the criminal complaint and the meeting of the parties maybe three to six weeks.

Now you will await your trial date and also have access to all the evidence. Normally the will also be the option of looking at the charges or pleading to a lower charge. All of this would be managed by your legal team. This is why getting an attorney early when arrested becomes very important. Once the trial date has been set the evidence will need to be presented.

Always take proper legal advice from a qualified attorney while in Thailand for your criminal trial.