Section 52 In order to require for a personal appearance of any person before a superior administrative or police official or court in the interest of an inquiry, preliminary hearing, trial or any other act under the present Code, a summons shall be directed for such person by the inquirer, superior administrative or police official or court, as the case may be. A warrant of detention shall remain in effect until the court replaces it with a warrant of release or imprisonment.A warrant of detention may be withheld or replaced with a warrant of release, when it appears to the court that the accused or defendant has not yet attained his eighteenth year, is conceiving a child, has given birth to a child for a period not yet over three months or is ill to the extent that, if detained, he would confront with fatal danger, without prejudice to the courts power to, by order, rule that the accused or defendant is to be under the care of an official or person agreeing to take charge of him or that certain measures are to be undertaken in order to prevent his abscondence or any possible injury. Section 144 Upon having directed an order of prosecution, the public prosecutor, by virtue of the fact that such offence may be settled, may, sua sponte, exercise the power as follows: Section 145 Where an order of non-prosecution is issued not by the Director-General of the Public Prosecution Department, the inquiry file and such order shall forthwith be forwarded to, in Nakhon Luang Krung Thep Thon Buri, the Police Departments Director-General, Deputy Director-General or Assistant Director-General or, in other Changwat, the Governor of such Changwat. In this respect, the person so challenged shall be replaced. Upon having rendered any order, the court shall dispatch its inquest file to the public prosecutor for the purpose of further operation. The deposition under paragraph 1 shall contain the following items: (1) The name of the court and the number of the case; (2) The date and place of making the deposition; (3) The names and family names of the parties; (4) The name, family name, age, residence and profession of the deponent, and his relationship with the party; (5) The particulars of the facts or opinions given; (6) The signatures of the deponent and of the party submitting the note. The nolle prosequi must be dismissed if it meets with any objection by the defendant. A case only liable to a fine shall terminate when the offender willfully pays the maximum fine prescribed for the offence to the competent official prior to a judicial trial taking place. Deeming appropriate, the court may grant the motion. 2555. Section 64 Had the person designated in a criminal warrant been under arrest or the person or article searched for by virtue of a warrant of search been discovered, such person or article shall, if possible, be sent without delay to the court issuing the warrant or to the official designated in the warrant, whichever applies, save where the court shall elsewise order. 24), BE 2548 (2005). However, the court, proprio motu, may order open such preliminary hearing. As for a case of theft, snatching, robbery, brigandage, piracy, extortion, swindling, misappropriation or receipt of stolen property, if the victim is entitled to claim the restitution of the property he has been deprived of through the commission of such offence or claim the value of such property, the public prosecutor, when instituting a prosecution, shall also enter such claim on behalf of the victim. The provisions under paragraph 1 shall not prohibit the court from examining such evidence in collaboration with its discretion in determining or enhancing the punishments. The case shall be proceeded with if the accused does not agree to the settlement or, following such agreement, fails to pay the fine within the period of time pursuant to the foregoing paragraph. Section 51 Where no prosecution has been brought against any offence, the victims right to enter a penal action on the basis of such offence shall be extinguished when the period of prescription fixed by the criminal code for such prosecution does lapse, event the action would be commenced by a minor or insane person under section 193/20 of the civil and commercial codeor be filed separately from the prosecution.Where a prosecution has been instituted against any offence and the offender has been brought before the court also, but the case is not yet final, the prescription governing the victims right to enter a penal action on basis of that offence shall be interrupted by virtue of section 95 of the thailand criminal code. From the moment the charge is preferred, the defendant shall be entitled to: (1) Access to an expeditious, regular and fair trial. Any judicial order shall be final. Where it is necessary to ascertain the cause of the death, the official performing the autopsy shall be invested with the power to order the corpse to be dissected and any portion thereof to be analysed, or the whole or part of the corpse to be delivered to a public physician or analyst. An arrestee may not be restrained beyond the necessity according to the circumstances of the case.In the case of petty offence, an arrestee may be restrained only for a period of time necessary for taking his statement and ascertaining his identity and residence.In the event that the arrestee has not been granted a provisional release and it is necessary to have an inquiry or prosecution taking place, he shall be brought before the court within forty eight hours after he has been brought to the office of inquiry under section 83. Section 138 The inquirer shall be empowered to conduct an inquiry in person or by means of commission in order to obtain information as to the background and habitual conduct of the accused; prescribed that all the information obtained must be informed to the accused. The provisions of this section shall not apply to the correspondents between the accused or defendant and his counsel. 22), BE 2547 (2004). (2) Have his counsel or the person in whom he reposes attending his interrogation during the inquiry. A warrant of release of a person sentenced to a term of imprisonment shall be issued when the person has fully served his term, has been pardoned by the King, has been released conditionally or amnestied, or when his term of imprisonment has come to an end on any other account. Where a party adducing any document as evidence does not have such document in his possession, if he informs the court of the nature of the said document and the place where it can be found, the court shall, by subpoena, direct the possessor of the document to produce it before the court. 84 has been amended by the Act Amending the Criminal Procedure Code (No. (8) DENUNCIATION denotes an act whereby any person other than the victim makes before an official an allegation that any person, whether identifiable, has committed an offence. The hearing under paragraph 1 shall be deemed as if it were conducted in a courtroom. In case of urgent need, the official may make such note by himself, but he shall forthwith forward it to the inquirer and may note any information down in the interest of the inquirer. The fact that such decision is impending shall not cause the inquiry to be suspended. An order of the court deciding that a prima facie case does not exist may be appealed by the prosecutor to the court of second instance or court of last resort pursuant to the provisions on appeal to court of second instance and final appeal. (2) As quickly as possible, inform an administrative or police official of the matter. As regards the furnishing of counsel pursuant to paragraph 1 or 2, the inquirer shall comply with the criteria, procedure and conditions prescribed by the ministerial regulation, and the counsel furnished shall be entitled to the gratuity and outlays in conformance to the rule issued by the Ministry of Justice with approval of the Ministry of Finance. Section 126 The complainant may, at any time, alter or withdraw his complaint.In respect of a non-compoundable case, the withdrawal of the complaint does not prejudice the inquirers power of inquiry or the public prosecutors power of prosecution. In this respect, the consent of the accused, victim or person concerned must be obtained. In pursuance of the rule issued by the National Police Headquarters, Ministry of Interior, Ministry of Justice, Office of the Attorney-General or Office of Courts of Justice, as the case may be, with approval of the Ministry of Finance, the inquirer, public prosecutor or court shall, by order, pay to the interpreter under this section allowances, travel expenses and residence outlays. When an offence has, or is alleged or believed to have, been committed inside the district of any court, the offence shall be subject to jurisdiction of such court, save: (1) Where the defendant is residing or has been arrested, or the inquiry has been held, in any locality outside the district of such court, in which event may the offence be tried and adjudicated by the court having jurisdiction over such locality. As regards an offence liable to the maximum imprisonment for a term exceeding three years, if the analysis pursuant to paragraph 1 requires a specimen of blood, tissue, skin, hair, saliva, urine, fces, secreted substance, nucleic acid or bodily organ to be collected from the accused, victim or person concerned, the responsible inquirer shall be invested with the power to order a physician or expert to carry out such analysis to the extent necessary and appropriate and in a manner causing slightest suffering to the person and not being detrimental against that persons body or health. c The Inspector of the Ministry of Interior; d The Assistant Under-Secretary of Strate for Interior; e The Director-General of the Department of Interior; f The Deputy Director-General of the Department of Interior; g The Director of the Inquiry and Legal Activity Division, Department of Interior; h The Chied and the Headwork of the Inquiry and Legal Activity in the Division of the Department of Interior; i The inspector of the Department of Interior; n The Palad Amphur who is the chief attached to sub-Aphur; o De Director-General of the Police Department; p The Deputy Director-General of the Police Department; q The Assistant Director-General of the Police Department; t The Assistant Commissioner of the Police'. Should there be a reasonable suspicion that such person has concealed on his body any article intended to be found, the official conducting the search shall be warranted to search his body in pursuance of section 85. Deeming an order of non-prosecution should be made, the inquirer shall render to the public prosecution the file and such opinion only. Thailand criminal An arrestee may not be restrained beyond the necessity according to the circumstances of the case.In the case of petty offence, an arrestee may be restrained only for a period of time necessary for taking his statement and ascertaining his identity and residence.In the event that the arrestee has not been granted a provisional release and it is necessary to have an inquiry or prosecution taking place, he shall be brought before the court within forty eight hours after he has been brought to the office of inquiry under section 83. Access to an expeditious, regular and fair trial. In this respect, he or it shall have the power to summons all persons concerned on both sides to give statement in conjunction with his or its consideration and for the purpose of making a decision, as deemed appropriate. Upon receipt of the said petition, the court shall examine the witness without hesitation. 83 has been amended by the Act Amending the Criminal Procedure Code (No. For the purpose of securing an appearance of a witness before the court according to the courts designation, the inquirer shall make and keep at his office a note as to the witnesses names, residences or addresses, telephone numbers or other means allowing communication with those witnesses. Subject to section 5 (2), a husband shall be entitled to bring a criminal case on behalf of his wife only with her express permission. An order of the court deciding that a prima facie case does exist shall be final. 21), BE 2542 (1999). An inquiry shall be opened without delay. Section 156 In the event that the death is not the consequence of the commission of an offence, the autopsic file shall be delivered to the Commissioner of Changwat[17]. The name of the court and the date of the charge. The Criminal Procedure Code Thailand TITLE I GENERAL PROVISIONS Thai penal laws defining conduct prohibited by the Thai government Section 1 In this Code, if there is a An official enforcing a warrant of arrest may request assistance from any person nearby. Also, the official shall produce the warrant of search or, if the search can be made without any warrant, state his name and position. Section 237 bis shall apply mutatis mutandis to the examination of an expert witness and other evidence, and to the event in which a charge has been preferred but the examination of evidence is required to be held ahead of a normal period of time therefor according to section 173/2, paragraph 2. Criminal Procedure Code of Thailand/Provisions. 115 has been amended by the Act Amending the Criminal Procedure Code (No. Section 119 In case of breaching a bail bond made with the court, such court shall be invested with the power to order enforcing the bail bond or deliver any other order as deemed appropriate without having any claim entered in court. Failing such, the State shall furnish him with a counsel. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields; regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units; judicial decisions, orders, decisions and official reports; translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units. 135 has been amended by the Act Amending the Criminal Procedure Code (No. Section 160 The multiple offences may be joined in the same charge, prescribed that they shall be arranged separately and consecutively. The counsel appointed shall be entitled to the gratuity and outlays according to section 134/1, paragraph 3, mutatis mutandis. In this respect, the types of such place shall be prescribed by the ministerial regulation wherein the means of custody and the measures against any possible abscondence or aggrievance must also be indicated. Had the acknowledgement been made or declined, this fact shall be noted down. Warrants of Detention, Imprisonment or Release. Section 28 The followings are entitled to institute criminal prosecution in court: Section 29 If the victim dies following having instituted a prosecution, the deceaseds ascendant, descendant or spouse may proceed with the case in his stead.If the victim who is a minor, insane person or incompetent person dies following his statutory agent, custodian or representative ad litem having brought a prosecution on his behalf, the latter may proceed with the case. THE CRIMINAL PROCEDURE CODE - International If such person is unable or does not wish to attend the search, he may appoint a representative or request any person to witness it in his lieu. In conducting an arrest, the official or private citizen shall enlighten the arrestee that he shall be under arrest, and order him to make his presence at the local office of inquiry together with the person conducting the arrest, save where the arrestee may be brought to the office of the responsible inquirer at that very time. a The Under-Secretary of State for Interior; b The Deputy Under-Secretary of State for Interior. In this respect, the public prosecutor or court shall request the inquirer or public prosecutor, as applicable, to forward such security to him or it within a proper period of time. Where the originals are not available, certified copies thereof or parol evidence in connection with their contents may be adduced. [85], In a case of a sexual offence, offence against life and body which is not in light of an affray, offence against liberty, offence of extortion, offence of robbery and offence of brigandage under the Criminal Code, a case of an offence under the law on protection and suppression of prostitution, a case of offence under the law on protection and suppression of women and children trafficking, a case of an offence under the law on servicing houses or any other offence liable to a term of imprisonment, if the victim or witness is a child not yet over its eighteenth year, the inquirer shall, upon application of such child, interrogate it separately at a place suitable for it and in presence of a psychologist or social worker, a person applied for by it and a public prosecutor. Upon elapse of the period of time pursuant to paragraph 1, if it is still necessary to restrain the accused, such accused shall be delivered to the court and the provisions of section 87, paragraphs 4 to 9, shall apply. As regards a private prosecution, when the charge is admitted and the defendant is brought before the court, or, in regard to a public prosecution, when the charge is entered in court, the court may, by order, detain the defendant or provisionally release him. Moreover, the victim may have any person attending her interrogation. In Changwat Phra Nakhon and Changwat Thon Buri, the police officials ranking as or from police sub-lieutenant shall be empowered to hold inquiries as to the criminal offences which have, or are alleged or believed to have, been committed inside their districts or the persons accused of which are residing or have been arrested inside their districts. Section 162 In the event that the charge is found to be in accordance with law, the court shall order as follows: (1) If it be a private prosecution, a preliminary hearing shall be opened. (b) Had the accused not yet been arrested, the inquirer in whose district the offence has been discovered first. 28), BE 2551 (2008). Section 151 Where it is necessary to ascertain the cause of the death, the official performing the autopsy shall be invested with the power to order the corpse to be dissected and any portion thereof to be analysed, or the whole or part of the corpse to be delivered to a public physician or analyst. An inquirer may not conduct inquiry in the following events: (1) When the victim requests for assistance but declines to make a regular complaint. A warrant of arrest shall remain in effect until the prescription of the offence therein mentioned lapses or the court issuing it revokes it. Discovering and rescuing a person who is unlawfully detained or confined. 87/1 has been inserted by the Act Amending the Criminal Procedure Code (No. If the Chief Judge of the Supreme Court of Justice grants the petition, he shall, by order, transfer the case to a court designated by him.Any order of the Chief Judge of the Supreme Court of Justice shall be final. If, following an order granting a provisional release, the circumstances of the case have changed, the official or court shall be invested with the power to decrease the security as deemed appropriate.If the case is appealed to a superior court after a provisional release has been granted, the superior court shall be authorised to alter an amount of money in the bail bond or modify any condition stipulated by the inferior court as deemed appropriate. The fact that such decision is impending shall not cause the inquiry to be suspended. In the following cases, either proprio motu or upon the request of the defendant, spouse or relative of the defendant, public prosecutor, prison governor or officer in charge of enforcement the warrant of imprisonment, the court shall be empowered to, by order, suspend the imprisonment until the grounds therefor ceases to exist: (2) Where it is feared that the defendant would be lethally imperiled by reason of being imprisoned; (3) Where the defendant is conceiving a child; (4) Where the defendant has given birth to a child for a period not yet over three years and it requires her maintenance. Where the criminal proceedings of a case were conducted pursuant to special laws owing to limitation of time or region and no final judgment has yet been rendered thereon, upon elimination of said limitation, the case shall be prosecuted and punished in accordance with this Code. Had the accused decided to remain silent at all, such silence shall also be noted down. Where the person to be arrested is a householder of such private place and the arrest is to be carried on a warrant thereof or in pursuance of section 78. The prohibition makes criminal trials more just in that it forces a party to bring the actual person who spoke the hearsay statement to offer the evidence himself or herself in Court. Section 101 Any article seized in the course of a search shall be enveloped, packed up, sealed or marked. Where a person required to sign a note or memorandum is unable to or refuses to so sign, this fact shall be noted down or reported. Deeming the inquiry is completed, the responsible inquirer shall carry out any of the followings: (1) If the offender could not be identified and the offence is liable to the maximum imprisonment for a term not exceeding three years, the inquiry shall be stayed and a note of the grounds therefor shall be drawn up, then the note, together with the file, shall be forwarded to the public prosecutor. A note shall specify the place and date thereof as well as the name and office of the official making it. Section 157 A charge shall be filed to any jurisdictional court pursuant to the provisions of the present Code or other laws. Where the charge has been preferred before the court inside whose district the offence had been committed and it later appears to the prosecutor that the trial would become more convenient if it be held by the other court which is also jurisdictional, the prosecutor may enter in the court before which the case is pending a motion for transferring the case to such other court. 37 has been amended by the Act Amending the Criminal Procedure Code (No. Moreover, prior to such autopsy, the inquirer shall, as far as possible, enlighten a spouse, ascendant, descendant, statutory agent, guardian or relative of the deceased on the performance. Upon issuance of a final order of non-prosecution by the public prosecutor, the accused or any interested person shall be entitled to apply to the public prosecutor for the brief information as to evidence and the inquirer or public prosecutors opinion in making such order, prescribed that this application shall be made within a period of prescription for such prosecution. 133, 5, has been inserted by the Act Amending the Criminal Procedure Code (No. Should the application be eventually granted by a judicial order, the court may also require the applicant to offer bail or may stipulate any condition as deemed appropriate. The inquirer requested by the government of the foreign state or victim to prosecute the accused.Deeming the inquiry is completed, the public prosecutor or inquirer responsible for such inquiry, as the case may be, shall make an opinion pursuant to section 140, 141 or 142 and submit it together with the file to the Attorney-General or the person serving ad interim as the Attorney-General. The application, consideration and issuance shall be in conformity with the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. 2 (17) has been amended by the Act Amending the Criminal Procedure Code (No. Where the search has been processed in daytime but it is not yet completed, in which case the search may be progressed in nighttime. In the event that the owner is known, the court, in rendering such judgment, shall order the depositary official to return the property to him.In case of dispute, the person claiming to be the true owner shall enter an action before the jurisdictional court. The procedure for application, stipulation of condition and delivery of order shall be prescribed in the ministerial regulation. In this respect, the applicant may also offer bail or both bail and security. 22), BE 2547 (2004). Also, a copied arrest note shall be given to the arrestee. If it finds that the appeal should be excluded, it shall note down in its order the explicit grounds therefor. At the earliest occasion from the time the arrestee appears at the office of inquiry under paragraph 1, the administrative or police official receiving the arrestee shall, upon having complied with paragraph 1, enlighten the arrestee on the rights set forth in section 7/1, and allow him to contact with his relative or a person in whom he reposes, so that he would inform such person about the fact that he is under arrest and the place of his restraint. 262, 1, has been amended by the Act Amending the Criminal Procedure Code (No. Subject to section 253, paragraph 1, in the case where the victim has entered a claim for restitution of property or value thereof or for compensation together with a charge or as an independent civil action, the costs shall be demanded as in a civil action. As for the accused, the inquirer shall be empowered to release or provisionally release him or, if he is detained, may apply or request the public prosecutor to apply to the court for his release. 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