In Thailand, the punishment of imprisonment begins on the day the judgment is passed. Section 79 In the case having offence to be punished with fine only, if the person alleged as having committed an offence pays the fine in the maximum rate for such offence before the Court commences to take the evidence, the case shall be lapsed. In cases in which the public prosecutor orders that the alleged offender be prosecuted, the public prosecutor will proceed to file a criminal complaint against the alleged offender in court. Section 245 Whoever, to utter any thing by not to know as being counterfeited according to Section 240 or altered according to Section 241, if subsequently upon having known as being counterfeited or altered still to be sued, shall be imprisoned not out of ten years or fined not out of twenty thousand Baht, or both. Note also the article on Fraud in Thailand and also Theft. In case of offender less than eighteen years of age has committed the offence to be punished with death or imprisoned for life, the punishment, as aforesaid. The Appeals Court will base its judgment on the evidence submitted during the trial. Section 29 If any person inflicted with the punishment of fine fails to pay the fine within thirty days as from the day on which the Court has passed judgment, the property of such person shall be seized to pay for the fine, or else such person shall be confined in lieu of fine. Municipalities, states, and the federal government each have their own criminal codes, defining types of conduct that constitute crimes. Criminal Procedure | The Canadian Encyclopedia Search. 2451, or the provisions of the Criminal Law in B.E. Section 304 Whoever, attempts to commit the offence according to Section 301 or Section 302, first paragraph, shall not be punished. If it refers to the punishment Class 1, it means fined not exceeding one hundred Baht; If it refers to the punishment Class 2, it means fined not exceeding five hundred Baht; If it refers to the punishment Class 3, it means imprisonment not exceeding ten days or fined not exceeding five hundred Baht, or both; If is refers to the punishment Class 4, it means imprisonment not exceeding one month or fined not exceeding one thousand Baht, or both. Pieces of evidence that are made up of microfilm or replica copies are not considered valid pieces of evidence, although they are admissible depending on the judges discretion. 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 21 In calculating the period of imprisonment, a day begun in imprisonment shall be included also and shall be counted for a whole day, irrespective of the number of hours. Newer codes include the Land Code and the Revenue Code. If the robbery causes grievous bodily harm to the other person, the offender shall bepunished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht. Whoever, making any act as preparation for assassinating the King or knowing that there is the person who will assassinate the King, having made any act to assist in keeping the secret act, shall be punished by life-imprisonment. Section 191 Whoever, by any means, causes to the persons under confinement by the power of Court, a Public Prosecutor, an inquiry official or an official who has the power to investigate the criminal cases to be released from such confinement, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. If the commission of offence according to the first paragraph be committed in the temple, dwelling place of the monks, religious worship place, ancient place of the State, official place or National museum, the offender shall be punished with imprisonment of five to fifteen years and fined of ten thousand to thirty thousand Baht. If the offence as mentioned in the first paragraph is committed by breaking open the place of confinement, by doing any act of violence, by threatening to do any act of violence or by participation of three persons upwards, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. The court may also set in motion a continuous trial should it determine that a compromise is not likely. Section 19 Whoever, punished with death, shall be proceeded by spraying an injection or toxin to be death. Section 198 Whoever, insulting the Court or the judge in the trial or adjudication of the case, or obstructing the trial or adjudication of the Court, shall be punished with imprisonment of one to seven years or fined of two thousand to fourteen thousand Baht, or both. This decision remains your responsibility. Section 170 Whoever, refusing to comply with a writ or order of the Court requiring him to come and make a statement, to come and give evidence or to forward any property or document in any judicial proceeding, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both. Section 120 Whoever, conspiring with the person to make the act for the benefit of the foreign State with the intention of causing the battle against the State or in other way against the State, shall be imprisoned for life or imprisoned as from ten years to twenty years. 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. Therefore, the defence lawyer generally will not know when the judgment of the Appeals Court has been read. Section 77 In case of the Court imposes a stipulation requiring the parents, guardian or the person with whom such child resides to take care that such child does not cause any harm according to Section 74 (2), if such child causes any harm within the prescribed time, the Court has the power to compel the parents, guardian or the person with whom such child resides to pay a sum of money not exceeding that determined in such stipulation within the time as the Court thinks fit. Section 376 Whoever, unnecessarily fires a gun in a town, village or an other place where there is conglomeration of people, shall be punished with imprisonment not exceeding ten days or fined not exceeding five hundred Baht, or both. If the person with whom such child resides consents to accept such stipulation, the Court shall give order to hand over the child to such person by imposing the aforesaid stipulation; In case of the Court hands over the child to his parents, guardian or to the person with whom the child resides according to (2), the Court may determine the conditions for controlling behavior of the child in the same manner as provided in Section 56 also. (2)No criminal or civil proceedings shall be entertained by any court against any person for damages resulting from any information given by him in pursuance of subsection (1). It should also be read in conjunction with A Guide for Canadians Imprisoned Abroad. They cannot, however, recommend specific lawyers. If the investigating officer cannot complete the investigation within this time, the law requires that the alleged offender be placed in the custody of the court. Section 35 The properties forfeited by the Court's judgment shall be vested in the State, the Court may give judgment such properties to be rendered useless, or to be destroyed. Offences Relating to Sexuality as provided in Section 276, Section 280 and Section 285 only for the case relating to Section 276; Offences Against Life as provided in Section 288 to Section 290; Offences Against Body as provided in Section 295 to Section 298; Offences of Abandonment of Children, Sick or Aged Persons as provided in Section 306 to Section 308; Offences Against Liberty as provided in Section 309, Section 310, Section 312 to Section 315, and Section 317 to Section 320; Offences of Theft and Snatching as provided in Section 334 to Section 336; Offences of Extortion, Blackmail, Robbery and Gang-Robbery as provided in Section 337 to Section 340; Offences of Cheating and Fraud as provided in Section 341 to Section 344, Section 346 and Section 347; Offences of Criminal Misappropriation as provided in Section 352 to Section 354; Offences of Receiving Stolen Property as provided in Section 357; Offences of Mischief as provided in Section 358 to Section 360. The police then continue their investigation of the alleged crime and report their findings to the District Attorney's Office. There be a final judgment of a foreign. If the offender according to the first paragraph be the person who himself forges such document, or causes an official to make such entry, such offender shall be punished according to this Section for one count only. Section 390 Whoever, causing bodily or mental harm to the other person by negligence, shall be imprisoned not out of one month or fined not out of one thousand Baht, or both. In a criminal case, if the offender is not prosecuted and brought to the Court within the following specified periods of time as from the date of the commission of the offence, the prosecution shall he precluded by prescription: Twenty years in case of offences punishable with death . 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. Title of the case. The alleged offender has the right to remain silent and is not required to provide any statement. Additionally, any documents that are produced in a foreign language must be translated into Thai. Whoever, attempting to commit the act as aforesaid, shall be punished in the same manner. 127 to have been promulgated long since and to have been amended by several points to be dispersed and so being expedient to be cleared up and to be brought into the form of the, http://www.samuiforsale.com Thailand Law Online. To report himself to the official specified by the court from time to time so that the official may make inquiries, give advice, assistance or admonition on the behavior and carrying on occupation, or arrange the activity to be done for the social service or the public benefit, as the official and offender think fit; To be trained or to carry on occupation substantially; To refrain from going into the society or from any behavior which may lead to the commission of the similar offence again; To take the offender to receive the assuagement and cure of the harmfully habit forming drugs, defective body or mind, or the other illness at the place and the period of time as determined by the Court; The other conditions are determined by the Court, as it thinks fit, in order to rectify, resuscitate or protect the offender to be not commit the offence or not having the occasion for committing the offence again. 2451 shall be repealed. It has jurisdiction over cases not embraced under the jurisdiction of the Constitutional, Administrative and Military Courts. By rendering useless or bringing into the power of an enemy, any fortress, camp, airport, war conveyance, conveyance, line of communication, article used in communication, armaments, food, dock, building or any other thing used for the purpose of war; By instigating any member of the armed forces to neglect to perform his duties, to commit mutiny, to desert the service or to commit breach of discipline; By committing espionage, conducting or guiding the enemy; or. To escape from arrest, is said to commit robbery, and shall be punished with imprisonment of five to ten years and fined of ten thousand to twenty thousand Baht. 2500. But, by the nature of the offence, if the offender shall be criminally liable for higher punishment only when the offender must know or could foresee that such consequence would occur, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence shall be criminally liable for the offence having higher punishment only when he has known or could have. But after the case is formally filed, it is already the court which decides on the accuseds commitment or release during the trial period. Offences against Body as provided in Section 295 to Section 299, Offences Relating to Abortion as provided in Section 301 to Section 303, and Offences Relating to Abandonment of Children, Sick Persons or Aged Persons as provided in Section 306 to Section 308; Offences against Liberty as provided in Section 309, Section 310 and Section 312 to Section 320; Offences against Property as provided in Section 334 to Section 365. Section 188 Whoever, damaging, destroying, concealing, making away, losing or rendering useless will or document of the other person in the manner likely to cause injury to another person or the public people, shall be imprisoned not out of five years and fined not out of ten thousand Baht. 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. If you break the laws of another country, you are subject to the judicial system of that country. A drug trafficker shows us what it's like to smuggle drugs in Thailand - a country that gives traffickers like him the death penalty.Watch more like this:New. 0039 - 0043. Section 352 Whoever, being in possession of a property belonging to the other person, or of which the other person is a co-owner, dishonestly converts such property to himself or a third person, is said to commit misappropriation, and shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both. Criminal Cases in Thailand - Thailand Legal Services Criminal procedure is the body of state and federal constitutional provisions, statutes, court rules, and other laws governing the administration of justice in criminal cases. If the Court of First Instance denies bail, the applicant may appeal against the bail denial to the Appeals Court. 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. But, by circumstances, if it may be foreseen that such offence may occur from the employment, propagation or publication, or support, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be criminally liable for the offence occurred. Steps In The Federal Criminal Process | USAO | Department of Justice Section 82 Whoever attempts to commit an offence, but, on his own accord, desists from carrying it through, or changes his mind and prevents the act from achieving its end, shall not be punished for such attempt to commit the offence. 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. It also has original jurisdiction in cases involving the removal or revocation of the right to vote of members of the National Assembly. You may prefer to hire a lawyer who is not on the list. Section 30/2 If afterwards, the Court issues an order granting the permission under Section 30/1, it appears to the Court itself or according to prosecutor or official's statement that the fined person has enough money to pay the fine, in the time to file a petition under Section 30/1 or violates or not to perform according to an order or a condition designated by the Court, the Court will revoke an order premising as aforesaid and fine or detain on behalf of the fine by deducting work day amount from fined money amount.
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