By: Mr. Ponthep Werachon,Thai Solicitor & Mrs.Darunee Werachon, Thai Solicitor & Accountant of WERACHON LAW OFFICE, 315/304, Moo 12 Theppasit Road (Soi 12) Nongprue,Banglamung,Pattaya City, Chonburi 20260, Kingdom of Thailand Tel:(038)304 084,(038) 251 533Fax: (038) 304 027 Mobile: 081 423 4255,089 889 6483.

Website: www.thaisolicitor.com, e-mail:thai@werachonlawyers.com

A person can be arrested for doing an act that is an offence, punishable under the criminal laws, which can be ascertained in the Penal Code of Thailand, or other criminal offence. Thai criminal laws are laic or secular from religion. There are many foreigners coming to Thailand with the misconception of lawlessness. Many offences can be easily understood without local knowledge, e.g., murder, theft, drug etc. However, some offences are uniquely punishable only under Thai laws which are not punishable under laws of other countries, e.g., bounced cheques, cannabis consummation, prostitution, etc. In Thailand, prostitution is illegal; however, the customer is not punished. The procurement for prostitution and molestation of a child under 18 years old is a very serious crime, along with statutory rape, a serious crime with zero tolerance.  

   In the contrary, there are many offences which are punishable under laws of other countries but not punishable under Thai laws, e.g., homosexuality, sexual perversion, sodomy. In some countries woman can be punished for her fornication. In Singapore, a woman was punished for her pervert sexual behaviour by having oral sex with her partner. Can you imagine if this law is applied in Thailand? 

Under Thai laws, a husband can rape his wife!

The law applicable to the process of prosecution is mainly in the Criminal Procedure Code and the Constitution which guarantee the rights of persons regardless of gender, race and nationality. Therefore, we may say that foreigners are equal under Thai laws. However, the access to the knowledge of Thai criminal laws for foreigners is not so easy. In case you have a problem, please contact your embassy for assistance to protect your fundamental rights, to have a lawyer, who can be selected from the list at the embassy. Never contact any touts who tell you that they can lobby or arrange for bribery with the authorities.

Generally, no person can be arrested without a warrant of arrest, except in the case where such a person was found committing a flagrant offense, or attempting to commit an offense, or there are reasonable grounds that such person has committed an offense and is about to abscond, or there was a person requesting the arrest and also stating that the arrested person committed an offense and a complaint has been filed.

The Court has the power to issue the warrant of arrest under the strict provisions of law. The arrest in a private place cannot be made without a search warrant which must be issued by the Court. In some cases, the police official may receive a complaint and call the person charged by such complaint to give a statement. It is advisable to prepare security for provisional release before reporting to the police official.

Arrest without Warrant of Arrest

• · If a person was found committing a flagrant offense
• · If a person was found attempting to commit the offense
• · If a person was found absconding after committing an offense
• · If there is a request of a person to arrest by stating the complaint was already filed

Arrest with Warrant of Arrest

Warrant of Arrest must be issued by the Court upon request by a police official after receiving a complaint from the injured person, or witness of an offense, or the offense was found by police investigation.

The arrested person will be immediately brought to the nearest police station. If the arrest was made with the warrant of arrest, the arrested person must be brought without delay to the police official or Court who issued such warrant of arrest. The arrest report will be made with records in a police daily report. If there is an injured person or witness, the arrested person will be identified by such person before bringing to the inquiry official.

In case of compoundable offense, the injured person must file the complaint with the police official. The injured person and alleged offender can amicably settle the case or withdraw the complaint anytime without the consent of the police.

The compoundable offenses are private offenses, e.g., bounced cheque, sexual offense (against woman over fifteen years without bodily harm), defamation, liberty, disclosure of private secrets, private cheating, cheating against creditor, misappropriation, mischief of private property, trespass in a daytime, etc.

In case of un-compoundable offense, the settlement cannot be made because it is an offense against the state.

Amicable Settlement

The arrested person will become the Alleged Offender after being charged by the inquiry official. In addition to the settlement made in case of compoundable offense, the inquiry official can also settle the case by fixing the amount of fine if the Alleged Offender is charged with offenses punishable only with a fine and the Alleged Offender agrees to pay the maximum amount of fine, or the petty offenses punishable with imprisonment not more than or fine not more than one thousand bath or both, or other offenses punishable only with a penalty fine with the maximum not more than ten thousand bath, or offenses against traffic, municipal and customs laws.

If the settlement cannot be made accordingly, the prosecution must be processed further.