Posted by Those in Thai society, who worships money instead of god, lead to many people being abused by some authorities. The authoritarianism is the main hindrance in developing this country to be a legal state where all subject can equally enjoy the same justice.
Who’s afraid of the big bad wolf?
A growing number of people are now suing the authorities for damages in court, instead of complaining to the government who is criticised for their dogmatism. The judicial power remains the last resort for all of us who still trust in the word “justice”, and that it is equally applicable to all subjects in this land without “double standard”.
We received this e-mail from one of our reader who suffered from a wrongful arrest and intimidation by persons who appeared to be police officers.
“I have encountered suspect corrupt police officers, but upon demanding that they identify themselves, so I can press charge against them in accordance with Section 157 of the Penal Code of Thailand, they simply refuse to answer, and also refuse to bring their superior officer to make it impossible for me to pursue them.
I have two questions: Is refusal to legitimise themselves upon demand yet another break of duty?
Secondly, Do I have the right to take a photo of them if they refuse to identify themselves in order to secure a trace, so that I may prosecute them in accordance with Section 157 of the Penal Code of Thailand?”
Under the Thai Constitution and criminal procedure Code of Thailand, all police officers must justify any arrest and detention.
Under Section 80 of the Criminal Procedure Code of Thailand, the police cannot arrest any person without a warrant of arrest which must be issued by the court. There must be enough grounds for the judge to issue the warrant of arrest.
In some special circumstances, the police can arrest a person who is committing a flagrant offence which is observed by a police officer or it is understood that the person just committed the offence. However, the arrest in a private place requires the arresting police to have the warrant of search which must also be issued by the court. The search in a private place cannot be made at night time.
In your case, you may ask the person approaching you to show the warrant of arrest and also the warrant of search if you are in your private house. If they cannot show you these warrants, you may exercise your right to defend yourself with the appropriate measure and degree as specified by Section 68 of the Penal Code of Thailand.
Section 68.- Whenever any person commits any act for the defence of his right against another person, so as to escape from a danger arising from an act of violence which violates the law, and such danger is imminent, such act, if reasonable committed under the circumstances, is a lawful defence, and such person shall not be guilty.
If you are doubtful if the person approaching you is a real police officer, or you believe the warrants are false, you may ask your Thai friend or spouse to call 191, or even the Pattaya Chief of Police who will be willing to serve and protect you. It is very easy to have his private mobile telephone number.
In your case, you may take a photo of these persons to verify afterwards that they are the real police officers.
It is strongly advisable to contact your embassy or consulate who will come to protect your fundamental rights.
If you can prove the identity of these police officers who attempted to commit a wrongful arrest, you may retain a good lawyer from the list at your embassy to sue them for breaching their authority under Section 157 of the Penal Code of Thailand.
“Whoever, being an official, wrongfully exercise or does not exercise any of his functions to the injury of any person, or dishonestly exercises or omits to exercise any of his functions, shall be punished with imprisonment of one to ten years or fine of two thousand to twenty thousand baht, or both” should be our prey to invoke the justice which will never come from law books without all of us, who will not be afraid of the big bad wolf, who is hungry for your money.
“It shall be written, it shall be done”
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