They are as follows: immigration officers border police coastguards Inspectors from municipalities and inspectors from the Ministry of Health and Prevention. For direct. Section 341 Whoever, dishonestly deceives a person with the assertion of a falsehood or the concealment of the facts which should be revealed, and, by such deception, obtains aproperty from the person so deceived or a third person, or causes the person so deceived or a third person to execute, revoke or destroy a document of right, is said to commit the offence of cheating and fraud, and shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both. If the losing party chooses not to comply with the courts order, the successful party may file an independent execution case with the Execution Court. If the offence according to the first pa ragraph be committed by making use of arms or by five persons upwards participating, or it be committed in order that the compelled personshall execute, revoke, damage or destroy any document of right, the offender shall bepunished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. Pre-adjudication process Under the criminal procedure code any injured person may file a complaint to the police against a child or young person. If the robbery causes bodily or mental harm to the other person, the offender shall be punished with imprisonment of ten to twenty years and fined of twenty thousand to forty thousand Baht. Section 257 Whoever, using, selling, offering for sale, exchanging or offering for exchange the stamp begotten from the commission as aforesaid by Section 254 or Section 256 whether commission under such Section being committed inside or outside the Kingdom, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. In all criminal cases appealed to the Court of Appeals, the party appealing the case shall be called the "appellant" and the adverse party the "appellee," but the title of the case shall remain as it was in the court of origin. The Criminal Procedure Law shall determine a uniform procedural order for all persons involved in criminal proceedings irrespective of the origin, social and financial situation, employment, citizenship, race, nationality, attitude toward religion, sex, education, language, place of residence, and other conditions of such persons. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination: Section 92 If whoever, having been adjudged finally to be convicted by imprisonment, has committed any subsequent offence during the time still having to undergo the punishment, or within five years as from the date of passing the punishment, if the Court will sentence for the subsequent offence to be imprisoned, the Court shall increase the punishment to be inflicted upon such person by one-third of the punishment as prescribed by the Court for the subsequent offence. If, according to the law as provided afterwards, such act is no more an offence, the person doing such act shall be relieved from being an offender; and, if there is a final judgment inflicting the punishment, such person shall be deemed as not having ever been convicted by the judgment for committing such offence. Section 254 Whoever, forges a Government stamp used for postage, taxation or collection of fees, or alters a Government stamp used for such purposes in order to make other persons to believe that it has a higher value than it really has, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. There are three types of Courts of First Instance: General Courts, Juvenile and Family Courts, and Specialized Courts. Article (2) Note also the article on Fraud in Thailand and also Theft. If the offence is not committed, whether it be that the employed person does not consent to commit, or has not yet committed, or on account of any ether reason, the instigator shall be liable to only one-third of the punishment provided for such offence. Section 304 Whoever, attempts to commit the offence according to Section 301 or Section 302, first paragraph, shall not be punished. The interval between the time the defendant is served with a copy of the criminal complaint and the meeting of the parties may be three to six weeks. Whoever, dishonestly using or citing the certification begotten from the commission of offence according to the paragraph 1, shall be punished in the same manner. If the defendant is found guilty, the court will also prescribe the punishment or sentence. Section 216 When the official orders any person assembled to gather so as to commit the offence as prescribed under Section 215 to disperse, such person not to disperse shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. to meet and consult with a lawyer in private; to let a lawyer or person of trust attend the interrogation at the investigation stage; to receive reasonable visits from or have contact with relatives; to quickly receive medical treatment when ill; and, to choose not to provide a statement. Section 274 Whoever, imitates the registered trade-mark of the other person, whether it be registered within or outside the Kingdom in order to make the public to believe that it is the registered trade-mark of such other person, shall be punished with imprisonment not exceeding one year or fined not exceeding two thousand Baht, or both. Therefore, the defence lawyer generally will not know when the judgment of the Appeals Court has been read. Citizenship is determined solely by national laws, and the decision to recognize dual citizenship rests completely with the country in which you are located when seeking consular assistance. Section 108 Whoever, commits an act of violence against the King or His liberty, shall be punished with death or imprisonment for life. "To commit an act dishonestly" means to do an act in order to procure, for himself or the other person, any advantage to which he is not entitled by law;"Public way" means a land or waterway used by the public for traffic, and includes a railway or tramway used for public conveyance;"Public place" means a place to which the public has a right of entry;Dwelling place means a place used for dwelling, such as a house, shed, vessel, or floating house in which a human being dwells, it also include the precinct of the place used for dwelling, whether it be enclosed or not;"Arm" includes anything which is not a weapon by nature, but which is used or intended to be used as a weapon for causing grievous bodily harm;"To commit an act of violence" means to do an act of violence against the body or mind of a person, whether it be by physical force or by any other means, and includes any act causing any person to be in a state of being unable to resist, whether it be by using drug causing intoxication, by hypnotism or by any other similar means;"Document" means any paper or other material for expressing the meaning by letters, figures, plan or an other design, whether it be by way of printing, photographing or any other means, which is evidence of such meaning;"Official document" means a document drawn up or authenticated by an official in the course of his duty, and includes also a. copy of such document authenticated by an official in the course of his duty;"Document of right" means a document evidencing the creation, modification, transfer, reservation or extinction of a right;"Signature" includes a finger-print and mark put to a document by a person in lieu of his signature;"Night" means the interval between sunset and sunrise;"Custody" means the restraint, keeping in custody, detention, confinement or imprisonment;"Ransom" means a property of benefit demanded or given in exchange for the liberty of the person who is taken away, held or confined;"Electronics Card" means that: Section 2 A person shall be criminally punished only when the act done by such person is provided to be an offence and the punishment is defined by the law in force at the time of the doing of such act, and the punishment to be inflicted upon the offender shall be that provided by the law. Overthrow the legislative power, the executive power or the judicial power of the Constitution, or nullify such power; or. Section 89 If there are the circumstance personal to any offender so as to excluded, reduce or increase the punishment, such circumstances personal shall not be applied to any other offender for committing such offence. Section 169 Whoever, refusing to comply with the lawful requisition of the Public Prosecutor, official to conduct the cases or to inquiry official requiring oneself to forward of manage to be forwarded any property or document, to take the oath, to make the affirmation or to make the statement, shall be imprisoned not out of three months or fined not out of five hundred Baht, or both. Note *Procedures can change suddenly in Thailand; it is advisable to contact the agencies directly before progressing and applying for the . The Courts of Appeal are courts which hear and adjudicate appeals from judgments and orders of the Courts of First Instance. In the place or precinct where there is fire, explosion, flood, or in the place or precinct where there is an accident, distress to railway or other public conveyance or other similar calamity, or by taking advantage of such accident, distress or calamity, or by taking advantage of any public panic; By damaging a barricade made for the protection of persons or things, or by penetrating through such barrica de by any means whatever; By using a passage not intended for human entrance, or a passage opened by anaccomplice; By disguising himself, or by impersonating another person, or by blackening his face or doing otherwise so that he may not be seen or recognized; By falsely pretending that he is an official; By carrying arms, or by having two persons upwards participating; In a dwelling place, official place or place provided for public service which he has entered without permission, or has hidden himself therein; In a place of public worship, a railway station, an airport, a public parking or mooring place for cars or boats, a public place for loading and discharging goods or in a public conveyance www.thailandlawonline.com; Upon a thing used or possessed for public benefit; Upon a thing belonging to or in possession of the employer; Upon a thing belonging to an agriculturist, which is a product, plant, animal or implement possessed for the purpose of carrying on agricultural pursuit or acquired from such agricultural pursuit, By threat ening to cause death or grievous bodily harm to the compelled person or the other person or to set fire to the property of the compelled person or otherperson; or. Section 76 Any person out of seventeen years but not out of twenty years of age commits an act as prescribed by the law to be an offence, if the Court to deem expedient may reduce the scale of the punishment as provided for such offence by one-third or a half. Section 3 If the law in force at the time of committing the offence is different from that in force after the time of committing the offence, the law which is, in any way, more favorable to the offender, shall be applied, unless the case is final. when an alleged offender or a defendant has fled or is about to flee while on bail. But if, within the period of time determined by the Court according to Section 56, such person has not committed an offence as mentioned in the first paragraph, such person shall pass from having the punishment determined or from being inflicted with the punishment in that case, as the case may be. Visa is required for most foreign nationalities to travel and stay in Thailand for more than 30 days. Disclosing any information sent by post, telegraph or telephone. In such case, the Court shall appoint a probation officer or any other official to control behavior of the child; If the child has no parents or guardian, or has them but the Court is of opinion that they are unable to take care of such child, or if the child resides with a person other than the parents or guardian, and such person refuses to accept the stipulation mentioned in (2), the Court may give order to hand over such child to a person or organization, as the Court thinks fit, to take care of, to train and to give instruction throughout the period of time prescribed by the Court when consented to by such person or organization. The period of detention differs by penalty designated concerning the offense being filed as follows: in a case of a crime punishable by incarceration less than 6 months or a fine not exceeding 500 Thai baht, the court has the power to detain the offender for no longer than 7 days; if the criminal offense is punishable by incarceration of more than 6 months but less than 10 years, or a fine of 500 Thai baht, or both, the court has the power to enforce several successive periods of detainment, not exceeding 12 days each, and the total period cannot exceed 48 days; if the criminal offense is punishable by maximum incarceration (10 years or longer), the court has the power to enforce several successive periods of detention not exceeding 12 days each, and the total period cannot exceed 84 days. The same criteria apply to the Dika Court as the Appeals court; there is no acceptance of new evidence unless the court deems it necessary to reach a fair decision. 3815, December 8, 1930), Article 2. Section 293 Whoever aids or instigates a child not over sixteen years of age, or a person who is unable to understand the nature and importance of his act or who is unable to control his act, to commit suicide, shall, if suicide has occurred or has been attempted, be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. Thai criminal law is applicable to both citizens of Thailand and foreigners who commit crimes within the territory of Thailand. This includes cases in which the defendant declares that he/she does not require a lawyer and pleads guilty to the charge. In addition, the judge records a summary of the testimony provided. Section 285 If committing the offence under Section 276, Section 277 bis, Section 277 ter, Section 278, Section 279, Section 280, Section 282 or Section 283 to be act against the descendant, pupil under taken oneself's care, person under oneself's control according to oneself official authority, or person under oneself's tutorship, guardianship or courtship, such offender shall be punished by the heavier punishment then that as prescribed in that Section by one-third. http://www.thailandlawonline.com. If the victim suffers grave bodily harm in addition to the robbery, the offender shall suffer the penalty of imprisonment for 15-20 years and a fine of 30,000-40,000 Baht. Section 156 Whoever, being an official having the duty of checking and auditing accounts according to the law dishonestly, advises or does or does not do any act so as to cause an omission of entry in the accounts, a false entry in the accounts, an alteration in the accounts, or concealment or evidence to be recorded in the entry of the accounts resulting in the non- payment of taxes, duties or fees, or in the payment of less than what such person has to pay, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fined of two thousand to forty thousand Baht. The period of detention permitted by law is based on the penalty prescribed for the offence being charged, as follows: If the investigating officer is unable to complete the investigation in order to enable the public prosecutor to lodge the criminal complaint with the competent court within the relevant remand period, the court will release the alleged offender from custody. To seize and destroy the defamatory matter or part thereof; To publish the whole or part of the judgment in one or more newspapers once or several times at the expense of the accused. 2. If such exercise or non-exercise is to maliciously cause any person to be punished, to be punished heavier or to be subjected to the measures of safety, the offender shall be punished with imprisonment for life or imprisonment of one to twenty years, and fined of two thousand to forty thousand Baht. If the commission of the offence according to the first paragraph causes death or grievousbodily harm to the person detained, confined or deprived of the liberty of person, the offender shall be punished as provided in Section 290, Section 297 or Section 298. Solemnized with or without a Betrothal Ceremony in ritual manner and also through court. This order may, however, be revoked at any time by the Court. Section 171 Whoever, refusing to comply with the order of the Court to require one to take the oath, to make the affirmation or the statement, or to give the evidence, shall be imprisoned not out of six months or fined not out of one thousand Baht, or both. A General Overview of Criminal and Civil Proceedings in Thailand General Practices in Thai Trials It is important to note for foreigners entering Thailand that all court proceedings will be conducted in the Thai language. When such person is under compulsion or under the influence of a force such that such person cannot avoid or resist; or. If the object of Robbery is a Buddhist Statue, or any religious object possessed by the public for worship, the offender shall suffer 10-15 years of imprisonment and shall be liable for a fine of 20,000-30,000 Baht. If the offender be the chief, manager or office-bearer in such body of persons, such person shall be punished with imprisonment not exceeding ten years and fined not exceeding twenty thousand Baht. It is important to note for foreigners entering Thailand that all court proceedings will be conducted in the Thai language. If such act causes death to the woman, the offender shall be punished with imprisonment of five to twenty years and fined of ten thousand to forty thousand Baht. Courts under this category include the Central Bankruptcy Court, the Central Intellectual Property and International Trade Court, the Labour Court and the Tax and Duty Court. You may prefer to hire a lawyer who is not on the list. Note: The reason of promulgating this Act viz Penal Law in R.S. Judges may also question witnesses to seek further clarification on the testimony given by the witnesses. Aside from being generally responsible for peace keeping and crime prevention in the country, the police is likewise responsible for initiating criminal processes in the state. Isaan Lawyers Prides Itself In the Thai Criminal Law Services We Provide to Our Clients In Thailand. According to the Criminal Procedure Code, investigation is conducted by the inquiry officials who are mainly the police. Section 259 If the commission under Section 258 as commission relating to tickets disposed to public people for entering into any place, the doer shall he imprisoned not out of one year or fined not out of two thousand Baht, or both. The warrant is based on an Indictment (see below) or a Complaint filed with the U.S. District Court. . Section 307 Whoever, to have the duty according to the law or the have the contract taking care of the person in the helpless condition through age, because of sickness, infirmity in body or mind, abandoning such person in the manner likely to endanger his or her life, shall be imprisonedout of three years or fined not out of six thousand Baht, or both. Newly introduced delays for the forfeiture of the criminal action or other procedural delays shall not take effect except as of the effective date of the law that has initiated such delays. Setion 313 Whoever, in order to obtain a ransom: If the commission of the offence according to the first paragraph causes grievous bodily harm to such person taken away, restrained or detained, or is by acts of torture or hardly cruelty so as to cause bodily harm or mental harm to such person, the offender shall be punished with death or imprisonment for life. http://www.samuiforsale.com. ().pdf 1,239 1,754, 66 pages; 590 KB. For example, please note that in Thailand: The Government of Canada will seek to ensure that you are not penalized for being a foreigner and that you are neither discriminated against nor denied justice because you are Canadian. All cases in Thailand start with an accusation. This can increase the stress and practical problems arising from arrest and imprisonment in Thailand. The Thai and Canadian criminal law systems are significantly different. Section 54 In calculating the increase or reduction of the punishment to be inflicted, the Court shall determine the punishment to be inflicted upon the accused first, and then the punishment shall be increased or reduced. If the commission of the offence as mentioned in the first paragraph causes danger to the other person or a thing belonging to the other person, the offender shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht. Section 215 Whenever ten persons upwards being assembled together do or threaten to do an act of violence, or do any thing to cause a breach of the peace, every such person shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both. Section 205 If the offence mentioned in Section 204 is committed by negligence, the offender shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. The jury system does not exist in Thailand. Following the conclusion of the criminal proceedings, a foreign defendant's ability to stay in Thailand will often be revoked or will have expired. If the offence is punishable by a minimum imprisonment of less than five years and the defendant has informed the court official that he/she intends to plead guilty to the charge and does not require a lawyer, the court may take the defendants plea and pass judgment instantly without having to take any evidence.
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