Business Hours:
Mon.-Fri. 8.30-17.00 hrs.
Mon.-Fri. 8.30-17.00 hrs.
(+66)2 693-2036
(+66)2 693-2036
The main provisions of criminal procedural law in Thailand are contained in the Criminal Procedure Code 1935.
This Code applies to criminal case in all courts of Justice except in Kwaeng courts (District Court), Procedural laws in Kwaeng courts are governed by the Setting up and Criminal Procedure of Kwaeng Courts Act 1956.
The basic difference between these two legislations is that the detention period for investigations of a suspect in the latter is shorter and procedure in the Kwaeng courts is simpler.
In fact, four types of law personnel are involved in criminal proceedings. They are police officers, public prosecutors, lawyers, and judges.
Police officers are responsible for investigation and inquiry in order to find the offender and establish his guilt.
The file of inquiry will be submitted by the police officer to the public prosecutor for consideration and the offender will be prosecuted if the public prosecutor concludes that there is enough evidence to support the likelihood of a successful prosecution.
At the trial, burden of proof lies with the public prosecutor who must show, to the satisfaction of the court, that the accused is guilty as charged.
The court will conduct a trial by hearing evidence from both sides in open court and in the presence of the accused. The accused is entitled to full legal representation. In certain cases there is an obligation on the judge to appoint a lawyers to the defence.
A person may not be arrested by a police officer without an arrest warrant except where the person has committed a flagrant offence or is found attempting to commit an offence or is reasonably suspected of having committed an offence.
An arrested person can[I assume they do not HAVE to be kept in custody] be kept in custody for inquiry but not longer than is reasonably necessary. At this stage he has the right to hold counsel with his lawyers in privacy.
The police officer has power to detain a suspect for inquiry for 48 hours. After that the police officer may remand the suspect for inquiry with the leave of the court.
Having completed the inquiry, the police officer will forward the file to the public prosecutor for consideration. The public prosecutor may issue a prosecution or non-prosecution order depending upon the evidence contained in the file. However, the public prosecutor may order the police officer to conduct a further inquiry if the evidence gathered so far is not sufficient.
As all statements in Court need to be submitted in Thai, unless fluent in both written and spoken Thai, it is advisable for a foreigner to instruct a lawyer in Thailand to act on his/her behalf.
As a result, M & S Law Office 2006 offers all methods of communication to our clients and we do our best to answer client’s queries on the same day. We do our best to represent you and to keep you informed of the progress of the case. We make the effort to tell you, (either by phone, email, fax or letter) every time a step is taken. If things are held up for any reason, we will tell you why. We also make sure that all our communications are in plain clear English.
Proceedings in Civil and Commercial cases in Thailand are governed by the Civil Procedure Code 1935. The rules in the Code are practical, giving the court wide discretion in directing proceedings. It is a fundamental Principle of the Code that all trials must be held in open court and in the presence of all parties except in case of default of appearance or in case of a necessity to maintain order in court...
The Ministry of Justice (MOJ) has promoted �arbitration� as a means of alternative dispute resolution, since it recognises that it is a matter of Thailand�s economic interest to promote arbitration, and to develop an arbitration centre of its own. In developing such a centre, the Thai Arbitration Institute (TAI) was formed in 1990 and under the auspices of the Office of the Judiciary of Thailand...
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