Juslaws & Consult has a specialized criminal & litigation department capable of representing clients in Thailand with pending court cases and in arbitration.
In Thailand litigation lawyers need to pass a bar exam and rarely specialize in civil or criminal matters. Our criminal & litigation team includes some senior courtroom warhorses that cover a whole range of litigation matters.
Should you be faced with a personal situation that is either civil or criminal in orientation please do not hesitate to seek our assistance. Juslaws & Consult is here to help in all manner of criminal & litigation proceedings. For more information please contact us.
There are two law codes in Thailand that govern its criminal law and criminal litigation practice. These are the Criminal Procedure Code and the Thai Penal Code. There are fundamental differences between criminal law systems in Thailand and criminal law systems in Western jurisdictions. Therefore, if you are charged with a crime in Thailand, it is essential to find a Thai criminal trial attorney who is experienced and able to effectively communicate these differences to you.Some examples of serious offenses in Thailand include drug-related crimes, violent crimes, white-collar crimes, fraud, sexual offenses, assault, and large-scale theft. More common offenses are traffic offenses and smaller-scale petty theft.
The most significant differences are as follows:
Thailand is a member country of INTERPOL which means that suspects can be subject to INTERPOL notices. Thailand also has various extradition treaties with foreign governments.
Suspects in Thailand should have the following rights when detained or arrested in Thailand:
While Thai authorities may inspect your passport as a foreign national, they may not retain it without a court order or warrant as offenses are not related to your right to stay. This is true regardless of the criminal liability you are expected of.
A suspect becomes a defendant once the public prosecutor has filed a criminal complaint against them. They are only seen as criminals if they have been found guilty of a wrongful act against Thai society.
Especially in the case of foreign defendants, the Thai criminal justice system is difficult to navigate and, in some cases, does not have a very favorable reputation. Therefore, having an experienced criminal trial lawyer on your side when defending criminal allegations in Thailand is extremely important.
Here at Juslaws, you can find exactly such experienced criminal defense attorneys. We can provide an expert in Thailand criminal litigation of criminal charges who can provide you with counsel in English. We are in the business of taking care of our clients, and our practice is extensive across Asia.
Whether you are a citizen of Thailand or a foreign national, Thai criminal law will be applicable to you if you commit crimes within Thailand territory. A suspect can be arrested by a police officer or an administrative officer upon issuing a warrant. There are certain instances when an arrest can be made without such a warrant:
The 48-hour detainment period begins when the alleged offender arrives at the police station. If this period is not sufficient to complete an investigation, then the alleged offender is to be placed in the custody of the court. This period of detention will be subject to the prescribed penalty for what is being charged:
Once these maximum periods have been reached, the offended will be released regardless of whether the investigation is complete or not. If a charge was made, but a warrant of arrest was not issued, but the law enforcement officer belies that there are grounds upon which to detain the alleged offender, then that officer can ask the person to appear at the course so that a warrant can be requested. If the person does not comply, then the officer may arrest the person.
It is not uncommon to hear horror stories about sexual offenses and assault committed by authorities against those in custody. It is therefore important to keep your conduct towards authorities respectful. Should problems arise, it is in your best interests to have a criminal lawyer present during your interrogation. Juslaws employs several criminal lawyers who can fill this role. We are experts in criminal law and criminal procedure in Thailand and have argued a great many successful cases. We are in the business of representing our clients in a range of different aspects of the law. Our expert attorneys can stand with you no matter what acts you are being prosecuted for. We are one of the most well-known and reliable law practice firms in all of Asia.
Any alleged offender who is being held in custody has the right to apply for bail. However, bail is almost never granted. The bail application is submitted to the investigating officer unless the person is in the custody of the court, then the application is submitted to the court.
The offender themselves or an interested party can apply for bail and must then pledge collateral on that application. A response to the application can be expected on the same day that the application is made. Collateral most commonly includes a bank passbook or cash or title deeds.
For feigners, a certified copy of or the original passport must be submitted as part of the application. Should bail be granted, a letter is sent to the Immigration Office informing them that you must remain in the country. In some instances, permission to leave the country can be given by the court. While under bail, you may travel around Thailand freely, but you must appear in court on the appointed day.
An appeal to the Appeals Court can be made if bail is denied by the Court of First Instance. An Appeals Court decision is final, but a new application can be submitted subsequently.
Either party may appeal within one month of a verdict.
An Appeals Court is not likely to allow additional evidence. It bases findings on the evidence that was submitted during the original trial. Proceedings are not conducted in public, and most of it occurs in writing. A panel of judges is involved, and their identities are not disclosed. This means that neither party ever meets the judges. The average processing time for the Appeals Court is between eight months and two years.
The Appeals Court judgment is placed in a sealed envelope so that it may remain confidential and is returned to the Court of First Instance with the case file. When the envelope is received, a date is scheduled for the reading of the Appeals judgment. While a notice is sent to the prosecutor, no notice is sent to the defense lawyer or the defendant. The defendant is brought to the court on the scheduled date. This means that the defense lawyer is not present at the reading and the defendant then needs to notify their defense lawyer should they wish to take the case further to the Supreme Court.
If there is a need to take the case to the Supreme Court, an Appeal must be made within one month of the reading. The same procedures then apply to the Supreme Court process.
Suppose a defendant is believed to have intentionally missed a hearing or has absconded, and the evidence must be preserved. In that case, a hearing can take place without the defendant present as long as they are represented by a lawyer. In such a case, the Defense must be allowed to cross-examine and present evidence in rebuttal to what was submitted by the prosecution.
If a defendant pleads guilty, judgment may be passed without evidence, except when there is reasonable doubt of the defendant's guilt despite the guilty plea, or in cases where the death penalty or life sentence are the minimum sentences that can be passed.
In many people's opinion, the Thai government and society still have a long way to go to improve faith in the acts and capabilities of those entities that enforce laws in Thailand, but in recent years the government has made concerted efforts to improve these circumstances and to ensure that liability for misconduct is handled seriously. There is still room for much improvement as certain questionable acts are still reported.
What is essential is that you understand your rights in the face of criminal liability. Do not get involved with the business in Thailand that makes itself guilty of white-collar crime, especially tourist scams, stay away from people and areas that are known for crimes. Know the laws of the country and follow those laws. Practice good conduct towards officials and if you do run into problems with the law, make sure that you engage with attorneys that have good reputations, can communicate with their clients in English, and have a deep understanding of the differences between laws in the West, and laws in Thailand so that it can be explained to you in a way that you understand.
Find a law practice that offers services specific to the crimes you are being accused of, understand these crimes, and how the accusation might have been made. If your lawyer works with a partner, make sure that when you speak to the partner, they are reliable enough to carry on the message to your lawyer in confidence.
But most of all, do not make yourself guilty of any crimes while traveling or living abroad. No matter where you go, you are still held liable for crimes committed outside of your homeland, and extradition is not guaranteed.
Should you be faced with a personal situation that is either civil or criminal in orientation please do not hesitate to seek our assistance. Juslaws & Consult is here to help in all manner of criminal & litigation proceedings. For more information please contact us.
