Extradition Act

These are the laws which govern the laws of extradition in Thailand under the Thai Extradition Act. This is a brief overview so don’t bookmark any of these pages as they are for guidance. The Thai script is the only official laws which should be bookmarked and used for court. Likewise see an extradition law firm in Thailand for assistance such as ourselves. Note the importance between extradition and a prisoner transfer:

Prisoner Exchange (Transfer of Sentenced Persons)

Note that a prisoner exchange, allows convicted criminals to serve the remainder of their sentence in their home country. This process is normally governed by bilateral treaties. This falls in line with the Multilateral Convention on the Transfer of Sentenced Persons (1983) under the Council of Europe. The prisoner will serve the remainder of his sentence at home and fall under the parole rules of this or her home country. The process is to completely serve your sentence at home. Extradition is where they are extradited to be prosecuted.

Extradition

Extradition is a different legal process. This is when a fugitive or accused person is transferred from Thailand to another country. They are being transferred to be prosecuted. This process is normally done by bilateral extradition treaties and Thailand’s Extradition Act B.E. 2551 (2008). We have explained below the request and documentation. Note the documents will normally need to be translated into Thai. The Thai government will look at it and hand it to the state prosecutor, The case will go to court to verify this, should there be objections you will need to do it there. You will then be removed from Thailand within 90 day or whenever the court might have extended the removal date. So below lets look at the law itself.

Most of the crimes for extradition or normally murder, drug offences and fraud. Most do make the newspapers. Speak of our extradition lawyer if you require more information on extradition or leading an objection to the extradition of a person.

Section 7: The Section explains that only certain offenses are extraditable. The punishment should be at least one year of imprisonment or greater in both Thailand and the Requesting State. Related lesser offenses may also warrant extradition.

Section 8: The treaty terms will govern the extradition requests. If there is no treaty then this has to be done via diplomatic channels. The request must include all the support documents and must be translated into Thai as well, and the documents must be certified.

Section 9: Note that extradition is permitted. This if the offense is not political or military in nature, or otherwise prohibited by Thai law. Reciprocity is required for non-treaty requests. Likewise any political offenses excluding any acts such as harming state leaders or offenses excluded by treaty.

Section 10: Likewise it is also makes sense that extradition is barred. This should the individual has already been acquitted, pardoned, or previously punished for the same conduct, or if proceedings are time-barred.

Section 11: Extradited individuals. They cannot face prosecution for any pre-extradition offenses. Likewise they cannot be re-extradited to a third state without consent. This unless they fail to leave Thailand within 45 days or return voluntarily.

Section 12: If a Thai wants to be extradited. This will be allowed if it has been specified by treaty otherwise under reciprocity agreements.

Section 13: Requests that might affect international relations are subject to Cabinet review.

Section 14: The government evaluates requests and coordinates actions. This includes deferring extradition if it interferes with domestic proceedings.

Section 15-16: Provisional arrests may be requested for urgent cases. Individuals must be released if formal requests and documents are not submitted within 60–90 days.

Section 22: Likewise individuals must be be handed over within 90 days. This after a final extradition court order. The only difference is it has been extended by the courts.

Section 23: Note that should there be failure to remove the person by the the requesting country within the timeframe given. Then this failure may lead to refusal of future requests for the same offense.

Section 24: Additionally surrender may be deferred. This would occur should the individual face domestic prosecution or punishment, or there is a temporary arrangement under conditions agreed upon with the state requesting the person.

Section 26: In addition should the be multiple requests. Then the Thai government will then proceed to prioritize according on factors such as treaties, gravity of offenses, as well as any international relations.

Section 27: Likewise while arrested, the Thai government must inquire whether the individual consents to the extradition. This occurs in the criminal courts.

Section 28: Lastly should the extradition proceedings be pending hearing in any Court. Then whatever the person sought for extradition expresses to the Court the consent to surrender. Then it shall suspend the hearing and make the order detaining such person for surrender according to Section 22. Likewise any consent given before the Court may not be revoked.

Section 29:

Should Thailand request an extradition of a person where the offence is punishable with the death sentence. Should the situation arrive that the state you are requesting does not. Then Thailand would normally need to give assurances that the person will not be executed. This is normally a negotiation for the settlement. If the courts however give the death sentence then the state will convert it to a life sentence in it place.

Section 30:

Normally the public prosecutor from the foreign state will request the person and extradition to the Thai government. The Thai public prosecutor will then see if it is appropriate for the extradition request be made. The Thai public prosecutor will check the law and documents submitted.

The extradition request according to paragraph 1 and accompanying documents shall be in accordance with the regulation as stated by the Thai government. The public prosecutor will make a recommendation, except the Cabinet passes another resolution.

The public prosecutor will request the extradition from the other state having no extradition treaty with Thailand through the diplomatic channels. The state will request the extradition from the other state having an extradition treaty with Thailand in accordance with the treaty.

Section 31

The Public Prosecutor, in carrying out the duty according to Section 30, will have power to search for facts and collect evidence. This can be done while taking statements from persons. Likewise also making an order summoning any person to give statement to them and carry out other matters as deemed appropriate. Notification may also be made to competent authorities or other State official to carry out any matters for the benefit of extradition. The order according to paragraph 1 shall be deemed a lawful requisition of the Public Prosecutor under the Criminal Code.

Section 32: All expenses concerning the extradition to the requesting state or the request for extradition to Thailand shall be in accordance with the rules. Likewise the means and conditions as stipulated in the Ministerial Regulation.

Section 33: All cases of extradition the Public Prosecutor has filed with the Court before or after the entering into force of this Act shall be proceeded according to the Extradition Act, B.E. 2472 until completion of the process.

Section 34: Where the Ministerial Regulation, rule or regulation under this Act has not yet been published or entered into force and in case it is necessary to carry out any matters of extradition, the procedure and provision of the Extradition Act, B.E. 2472 and the extradition treaty between Thailand and the Requesting State shall be applied.

You can also see this website for our contact details should you require a criminal lawyer in Thailand. Likewise we have also added a list of the most common property crimes in Thailand as well as the most common personal crimes in the country. Kidnapping in Thailand is rare unless it is the current scourge of Chinese people coming to Thailand, not on holiday but on fake employment opportunities offered by their own countrymen. These scam type jobs are currently being cracked down in Thailand as they usually cross the border illegally in Burma.