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There are various statutes and regulations when it comes to criminal law in Thailand. Always speak to a criminal lawyer in Thailand if there is a legal problem. This article is a brief overview of criminal law in Thailand. You can see that we have explained the arrest as well as the detention process in the country. Many expats don’t understand the bail and legal proceedings. We have also mentioned a number of specific types of crimes commonly encountered. We always advise clients about the importance of consulting a knowledgeable Thai criminal lawyer to navigate these complexities effectively.
Much like the rest of the world, criminal law in Thailand starts with the idea that defendants are innocent until proven guilty. This is stated in the Thai Constitution in Section 39. Likewise this rule is the foundation of the whole criminal justice system in Thailand. Lastly this also ensures that every defendant gets a fair trial and a chance to defend themselves against criminal accusations.
In Thailand, criminal cases can come to court in two main ways:
The first is called a Public Prosecutor Case. Likewise these cases will start when the prosecutor accuses a person of a crime. Additionally this case will then be based on evidence from a police investigation. Lastly in this case it would be the prosecutor who represents the State and attempts to prove the accused is guilty..
Secondly there is the Civil Lawsuit Derivatives. There are times when a criminal cases comes from a civil lawsuit. Likewise a good example is a civil disagreement involves accusations of a crime such as fraud or theft. This could then become a criminal case.
Section 39 of the Thai Constitution promises that defendants are seen as innocent until proven guilty. This means it’s up to the prosecution to show good evidence that the defendant did the crime. Defendants have the right to a fair trial, a lawyer, and a chance to say their side.
When someone gets arrested and put in jail in Thailand, there are important steps to follow. Likewise it’s crucial to understand these steps if you or someone you know gets arrested in Thailand. Note that the arrest warrants in Thailand, police can arrest someone with or without a warrant. Likewise a warrant is a legal paper from a court that lets police arrest someone they think did a crime. Lastly at times, police can arrest someone without a warrant if they have a good reason to believe the person did a crime.
In the event that you do get arrested. You will note that after an arrest, you can ask to get out of jail while waiting for your trial. This process is called the bail process. Likewise Section 108/1 of the Criminal Procedure Code says when bail can be given to you. The court however might not allow bail if they think that you might run away, hide evidence, or cause problems.
People in jail in Thailand have specific rights, like the right to a lawyer and the right to stay quiet. It’s very important to get legal advice right after getting arrested to protect these rights and manage the bail, questioning, and trial steps well.
The steps for bail in Thailand will differ from person to person. For a foreigner bail might be denied. Likewise you will need to surrender your passport if you do get bail. Always take legal advice from a criminal lawyer in Bangkok if you have been arrested.
When you apply for bail in Thailand the courts will look at the possibility of you running off . Likewise they will also consider if you are a threat to society or that you made interfere with the investigation. Additionally they will also look at how serious is the crime and do you have a past criminal record. Getting advice from a criminal lawyer. This can help make a strong case for obtaining bail.
It’s really important to have a lawyer during every part of a criminal case. A good Thai criminal lawyer can give good advice, protect rights, and make a strong defense plan. Having a lawyer is especially important for foreigners who might have extra legal problems like being sent back to their home country, bail issues, or jail transfers. See also the articles what we wrote on Bangkok property lawyer as well as the one on Thailand family lawyer.
People accused of a crime should be careful when talking to police and not say anything without a lawyer there. Anything said during questioning can be used as proof in court, so it’s important to get legal advice before talking to police.
Criminal law in Thailand covers a lot of different crimes, each with its own rules and punishments. Some common crimes in Thailand are assault, kidnapping, fraud, and breaking immigration rules.
Assault is the most common crime in Thailand, especially among foreigners. Likewise according to Section 295 of the Criminal Code, assault is hurting someone physically or mentally. The punishment depends on how bad the injury is and what happened.
Kidnapping in Thailand usually happens during family fights, like divorce. It’s not very common, but police take it seriously and punish it hard. The Hague Convention on Child Abduction has rules for how to handle kidnapping kids across countries.
Fraud is lying to someone to get their tings or change papers dishonestly. It’s a serious crime in Thailand with its own rules and punishments. People accused of fraud should talk to a lawyer who knows Thai law to plan a good defense.
Lots of foreigners in Thailand break rules about overstaying their visa. This can mean paying a fine, getting put in jail, or not being allowed back. It’s important to follow visa rules and get legal advice if there are problems with immigration.
Going to court for a criminal trial in Thailand has a few big steps, from the first court date to the final decision. Knowing these steps and the rights you have during each part is really important for a fair trial.
The trial can start with a call to come to court or right away after getting arrested. It’s smart to talk to a lawyer as soon as you get a call to understand your rights and get ready for court.
In court, both sides tell their story with proof and people who saw what happened. The judge looks at everything and decides if the person did the crime or not. If they did, the court picks a punishment based on the crime and laws.
For foreigners, there can be problems with moving jails or going back to their own country. Thailand has deals with some countries to move prisoners and let them finish their punishment at home. Moving between countries for trial is tough and needs careful legal help. See the article that we wrote on extradition in Thailand for more information.
Criminal law in Thailand is big and needs special legal skills to work through. Knowing about being seen as innocent until proven guilty, how getting arrested works, asking for bail, and the kinds of crimes and punishments can really help. Talking to a good Thai criminal lawyer is important to get the right advice, keep your rights safe, and deal with the tricky parts of the legal system in Thailand.
If you are looking at obtaining a Thai fiancée visa then speak to us on this issue. The fiancee visa will also require the K2 visa for any children as well as the K3 visa and its K-4 visa. Lastly also see the articles that we wrote on the CR1 visa processing time as well as the IR 1 visa.
