Thailand Criminal Procedure Code Sections 16-21

Title 2

Powers of Inquirers and Jurisdictions of Courts

Chapter 1

General Rules

Section 16 The jurisdictions of courts, the powers of judges, the powers of public prosecutors and the powers of administrative or police officials in executing the provisions of the present Code shall be in accordance with the laws and rules governing the establishment of courts of justice and determining the powers and duties of judges or governing the powers and duties of public prosecutors or administrative or police officials.

Chapter 2
Powers of Investigation and Inquiry

Section 17 The administrative or police officials shall be invested with the power to conduct investigations as to the criminal offences.

Section 18 In any Province other than Province Phra Nakhon and Province Thon Buri, the superior administrative or police officials, the Assistant Chief Officers of Amphur and the police officials ranking as or from police sub-lieutenant shall be empowered to conduct 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.

In Province Phra Nakhon and Province 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.

Subject to the provisions of sections 19, 20 and 21, the inquirers inside whose districts the criminal offences have been committed shall, in general, bear the duty to carry out inquiries as to those offences for the sake of the prosecutions. However, in case of necessity or in the interest of convenience, the inquirers of the venues wherein the accused are residing or have been arrested shall be the responsible inquirers.

If there are several inquirers in the same venue, the chief inquirer of such venue or the person serving ad interim as the chief inquirer shall be the responsible inquirer.

Section 19 On the following grounds:

1. Where it is uncertain in which of several venues an offence has been committed;
2. Where an offence has been committed partly in one venue and partly in another;
3. Where it is a serial offence committed continuously in more than one venue;
4. Where an offence comprises of several acts committed in different venues;
5. Where an offence has been committed by the accused in the course of his journey;
6. Where an offence has been committed against the victim in the course of the victim’s journey;

            The inquirers of the venue concerned may exercise the power of inquiry. On the abovementioned grounds, the following shall become the responsible inquirer:

     (a) Had the accused been arrested, the inquirer in whose district the arrest has been conducted first.
(b) Had the accused not yet been arrested, the inquirer in whose district the offence has been discovered first.

Section 20 Where an offence punishable under Thai law has been committed outside the Kingdom of Thailand, the Attorney-General or the person serving ad interim as the Attorney-General shall be the responsible inquirer, but he may entrust any public prosecutor or inquirer to exercise the power of inquiry on his behalf.

In the event that an inquirer has been entrusted by the Attorney-General or the person serving ad interim as the Attorney-General to exercise the power of inquiry, a public prosecutor may be assigned by the same to partake in such exercise.

The public prosecutor entrusted to exercise the power of inquiry or assigned to partake in an inquiry of the entrusted inquirer shall, in conjunction with all other powers and duties invested with him by law, have the same powers and duties of inquiry as the inquirer. In the event that the power of inquiry is exercised by a public prosecutor together with an inquirer, the inquirer shall, with respect to the collection of evidence, abide by the orders and instructions of the public prosecutor.

In case of necessity, the following inquirers shall be accredited to exercise the power of inquiry pending an order of the Attorney-General or the person serving ad interim as the Attorney-General:

      (1) The inquirer in whose district the accused has been arrested;
(2)  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.

Section 21 In the case where it is uncertain which investigator in the same province should be the responsible investigator. The governor of that province has the power to decide. But in Phra Nakhon and Thonburi provinces the commander of the investigative officer with a position ranging from Deputy Director-General of Police and above shall be the final decision.

            In cases where it is uncertain which investigating officer between several provinces should be the responsible investigator. The Director-General of the Public Prosecution Department or his representative shall make the decision.

            Waiting for the final decision it is not a reason to stop the investigation.

Section 21/1 For investigations which are under the responsibility of police officers. In cases where it is uncertain which investigator in the same province or in the same headquarters should be the responsible investigator. The commander who is the commander of the investigating officer will be the final decision.

            Waiting for the final order it is not a reason to stop the investigation.

Unofficial Translation by Chaninat and Leeds Thailand Criminal Lawyers