Thailand Criminal Procedure Code Sections 77-90
Title 5
Arrest, Detention, Imprisonment, Search and Provisional Release
Chapter 1
Arrest, Detention and Imprisonment
Section 77 An arrest warrant can be used throughout the kingdom.
Management according to the arrest warrant may be handled according to any one of the following documents or evidence:
(1) A copy of the warrant certified as correct;
(2) Telegram notifying that a warrant has been issued;
(3) A copy of the warrant sent by facsimile electronic media or other types of information technology media, in accordance with the criteria and procedures specified in the regulations of the President of the Supreme Court;
Management according to (2) and (3) shall promptly send the warrant or certified copy to the official managing the warrant.
Section 78 Administrative or police officials may not arrest anyone without an arrest warrant or court order, except:
(1) When that person has committed an offense as provided in section 80;
(2) When a person is found under circumstances that should cause suspicion that that person is likely to cause harm to the person or property of others by having tools, weapons, or other objects that can be used to commit an offense;
(3) When there is reason to issue a warrant of arrest for that person under section 66 (2), but there is an urgent need that cannot request the court to issue a warrant of arrest for that person;
(4) It is the arrest of an accused or defendant who has fled or will escape while being temporarily released under section 117;
Section 79 The people may not arrest another person unless they fall within the criteria of Section 82 or when that person has committed a flagrant offence and that offense is also specified in the list at the end of this code.
Section 80 is called a flagrant offence. Including offenses that are seen to be being committed or found in any condition where there is hardly any doubt that he has committed a crime.
However, the criminal offenses listed in the list at the end of this code the offense shall be considered a flagrant offense in the following cases:
(1) When a person is chased and caught as if he had done so with a loud cry;
(2) When a person is found almost immediately after the commission of an offense in the area close to the crime scene and has items obtained from the commission of an offense or have tools Weapons or other objects that are presumed to have been used in committing an offense or there are suspicious traces evident on the person’s clothing or body;
Section 81 Whether there is an arrest warrant or not It is forbidden to catch in a private place, unless the provisions of this Code regarding searches in private places are followed.
Section 81/1 Whether there is an arrest warrant or not It is forbidden to arrest in the Grand Palace, the palace, the palace of the heir to the throne or the royal family from the Prince and above. Palace, palace or in a place where the King, Queen, heir to the Throne, Royal Family from Her Royal Highness Princess Maha Chakri Sirindhorn and above or the Regent reside or reside, except
(1) The Prime Minister or the Minister assigned by the Prime Minister has given permission for the arrest and has notified the Secretary-General of the Palace. or the royal guard has been informed;
(2) Officials who provide or provide safety to the King, Queen, Heir to the Throne, and members of the Royal Family from Her Royal Highness Princess Maha Chakri Sirindhorn and above or the Regent He is an arrestee according to the law on royal guards or according to laws, rules or regulations regarding the provision of safety;
Section 82 The officer managing the arrest warrant may ask for help from nearby persons in order to handle the warrant, but cannot force anyone to help with the possibility of harm.
Section 83 In making an arrest, the official or citizen who makes the arrest must inform the person who will be arrested that he must be arrested. Then order the arrested person to go to the office of the investigating officer of the locality where he was arrested along with the captor, unless it can be taken to the office of the responsible investigating officer at that time take it to the office of the investigator responsible for the matter. But if necessary, let him be captured.
In the case where the official is the one making the arrest the charges must be informed to the arrested person. If there is an arrest warrant, show it to the arrested person. Along with informing that the arrested person has the right not to testify or give evidence, and the arrested person’s statements may be used as evidence in the trial. The arrested person has the right to see and consult with a Thailand lawyer or who will be a lawyer if the arrested person wishes to notify relatives or persons he trusts of the arrest, this can be done conveniently and without obstructing the arrest or control of the arrested person or causing insecurity to any person. The official shall allow the arrested person to take action as appropriate to the case. In this case, the official who made the arrest shall also record the said capture.
If the person who will be arrested obstructs or will obstruct the arrest or escape or attempt to escape the person making the arrest has the authority to use all methods or protections as appropriate to the circumstances of the arrest.
Section 84 The official or citizen who made the arrest must take the arrested person immediately to the office of the investigative official under section 83 and once there. The arrested person shall be handed over to the administrative or police officer of the said investigator’s office. To do the following
(1) In the case where the arresting officer is the one making the arrest, the arresting official shall report the allegation and details regarding the reasons for the arrest to be known to the arrested person If there is an arrest warrant, inform the arrested person and read it to him and give a copy of the arrest record to the arrested person;
(2) In the case where the arrest is made by the people the administrative or police official who accepts the arrest must record the name, occupation, and address of the arrestee. Moreover, the message and circumstances of the arrest and have the arrestee sign his name in order to notify the arrested person of the charges and details of the arrest and also inform the arrested person that the arrested person has the right not to testify or to testify. And the words of the arrested person may be used as evidence in the trial;
Once paragraph one has been carried out, administrative officials or police which has the arrested person brought to inform the arrested person of his or her rights as specified in Section 7/1, as well as arrange for the arrested person to be able to contact relatives or people whom the arrested person trusts to inform them of the arrest. The arrest and the place under control can be made at the first opportunity when the arrested person arrives at the office of the investigator under paragraph one or if the arrested person requests administrative or police officials to notify Then handle that request quickly and have it recorded by an administrative employee or police officer In this regard, no expenses shall be required from the arrested person.
If necessary the officer or citizen who made the arrest may provide nursing care to the arrested person before transporting him or her in accordance with this section.
Any statement given by the arrested person to the arresting officer or administrative or police employees in the process of arresting or accepting the arrest of the arrested person If the statement is a confession of the arrested person that he or she has committed an offense, it must not be accepted as evidence. But if it were another word It will be heard as evidence to prove the guilt of the arrested person only after the rights under paragraph one or under section 83, paragraph two, have been informed to the arrested person, as the case may be.
Section 84/1 The administrative or police official who brought the arrested person to the arrested person may be temporarily released or the arrested person may be detained. But if the arrest is with a court warrant, proceed according to Section 64 quickly and in the case where the arrested person must be sent to the court. But it cannot be sent at that time because the court is closed or close to closing. The administrative or police official who received the arrested person shall have the power to temporarily release the arrested person or control the arrested person until the court opens.
Section 85 The official who arrested or received the arrested person has the power to search the accused and seize various items that may be used as evidence.
The search must be done politely. If a woman is searched, another woman must be searched.
Any items seized; the official has the power to retain until the case is final. When the case is finished, it is given back to the accused or to others. which has the right to demand the return of the item Unless the court orders otherwise.
Section 85/1 During the investigation Items seized by officials that are not property that the law has determined that anyone who makes or has them is an offence. If it has not yet been attested or presented as evidence in the trial the owner or person who has the right to demand the return of the items confiscated by the officials You may submit a request to the investigator or prosecutor, as the case may be, to receive the item for maintenance or use without insurance or with insurance or with insurance and collateral.
Ordering the return of an item under paragraph one must not affect the later use of that item as evidence to prove the fact. The investigator or prosecutor shall issue an order without delay. It may demand insurance from the applicant or impose certain conditions for that person to comply with and if the conditions are not followed or the said person refuses to return the item when ordered to return it to the investigating officer or prosecutor, as the case may be, has the power to seize the item back and enforce the security contract as such. How to submit a request conditions and permissions are as specified in the ministerial regulations.
In the case where the investigative officer or prosecutor issues an order not granting permission. The applicant has the right to file an appeal against the order to the Court of First Instance that has the authority to consider and adjudicate the said criminal case within thirty days from the date of notification of the refusal and allow the court to complete its consideration within thirty days from the date. Appeal received in the case where the court orders permission the court may require the defendant to post bail with the Thailand Court, or impose any conditions as it deems appropriate. The court’s order is final.
Section 86 Prohibits the use of restraints on the arrested person beyond what is necessary only to prevent him from escaping.
Section 87 Prohibits the detention of the arrested person beyond what is necessary according to the circumstances of the case.
In the case of a petty offense the arrested person can be controlled for as long as his or her testimony is to be questioned and to know who he is and where he is only.
In the event that the arrested person is not temporarily released and there is a necessary reason to conduct an investigation or litigation the arrested person shall be brought to court within forty-eight hours from the time the arrested person is taken to the office of the investigator under section 83, unless there is a force majeure event or other necessity that cannot be overcome. By having the investigator or prosecutor submit a request to the court requesting a warrant of detention for the accused. The court shall ask the accused whether he has any objections or not and the court may summon an investigator or prosecutor to explain the necessity or evidence may be called for consideration.
In the case of a criminal offense that has been committed, there is a maximum penalty of imprisonment not exceeding six months or a fine not exceeding five hundred baht or both the court has the power to order detention only once. It is scheduled for no more than seven days.
In the case of a criminal offense with a maximum imprisonment rate of more than six months but less than ten years or a fine of more than five hundred baht or both the court has the power to order detention multiple times in a row, but one time must not exceed twelve days and the total amount must not exceed forty-eight days.
In the case of a criminal offense with a high prison sentence of ten years or more will there be a fine or not the court has the power to order detention multiple times in a row, but one time must not exceed twelve days and the total must not exceed eighty-four days.
In the case according to paragraph six, when the court has ordered the detention for forty-eight days, If the prosecutor or investigator submits a request to the court for further detention citing necessary reasons, The court can order further detention only if the prosecutor or investigating officer demonstrates necessary grounds and bring evidence to the court for investigation until the court is satisfied.
In the investigation according to paragraphs three and seven the accused has the right to appoint a lawyer to state his objections and question witnesses. If the accused does not have a lawyer because Section 134/1 has not been complied with and the accused requests let the court appoint a lawyer. The lawyer is entitled to receive the award and expenses as specified in Section 134/1, paragraph three, mutatis mutandis.
If the investigative officer has to conduct an investigation in another area outside the jurisdiction of the court in which the accused has been detained, the investigator may submit a request to transfer the detention to the local court where the investigation will be conducted. When the court that ordered the detention deems it appropriate, it will order the transfer.
Section 87/1 When the prosecutor or investigating officer requests it and the accused does not object. If the court sees fit the court may permit the accused or evidence to be taken to a government office or any other place the court deems appropriate where the accused can be questioned or questioned. By providing for the transmission of images and audio in the form of video conferencing. Such action shall be in accordance with the regulations of the President of the Supreme Court with the approval of the general meeting of the Supreme Court and has been published in the Royal Gazette to be effective, provided that the method of inquiry and inquiry is specified, including witnesses to that matter.
The inquiry under paragraph one shall be considered as an inquiry in the courtroom.
Section 88 Cases in which citizens are plaintiffs. When the court has entered the case and the defendant has been brought to court or cases in which the prosecutor is the plaintiff when the lawsuit has been filed with the court the court may order the defendant to be detained or temporarily released.
Section 89 A warrants of detention or a warrant of imprisonment must be dealt with accordingly within the jurisdiction of the court issuing the warrant. Unless otherwise provided in this Code or other laws.
Section 89/1 In the case of necessity during the investigation or consideration when the investigating officer prosecutor prison commander or the official who has the duty to handle the detention warrant requests or when the court deems appropriate the court will order the detention of the accused or defendant in another place as requested by the said person or as the court deems appropriate, other than prison. It is under the control of the requester or an official as determined by the court. In this case, the court may set a period of time as the court deems appropriate.
In considering the order under paragraph one the court may conduct an inquiry or allow the injured person or the official involved in the detention warrant to object before issuing the order.
Other places under paragraph one must not be police stations or the place where the accused is controlled by the investigating officer It has the characteristics as specified in the Ministerial Regulations, which must specify control methods and measures to prevent escape or damage that may occur.
When the court has issued an order under paragraph one if afterward the accused or defendant does not comply with the methods or measures under paragraph three or the circumstances have changed. The court has the power to change the order or carry out the detention warrant.
Section 89/2 In the case of necessity when the prosecutor prison commander or the official who has the duty to deal with the imprisonment warrant requests or when the court deems appropriate the court will issue an order to imprison a person imprisoned according to a final judgment who has already been imprisoned for not less than one-third of the sentence as specified in the court warrant issued according to that judgment or not less than ten years in the case of imprisonment exceeding thirty years or more or life imprisonment by any one method as follows.
(1) To be imprisoned in another place as requested by the said person or as the court deems appropriate, other than the prison or place specified in the warrant of imprisonment, provided that the nature of such place shall be as prescribed in the Ministerial Regulations which must determine control methods and measures to prevent escape or damage that may occur;
(2) Be imprisoned in a prison or a place specified in the warrant of imprisonment or another place under (1) only for the date specified in accordance with the criteria and procedures prescribed in the Ministerial Regulations;
(3) To be imprisoned by other means that can restrict the person’s travel and territory in accordance with the criteria and procedures prescribed in the Ministerial Regulations;
In the court’s consideration under paragraph one the court shall take into account the base of the offence, the conduct, and the welfare of the person imprisoned as well as the welfare and safety of the injured person and society as well. The court shall investigate or inquire the alleged person. The officers involved were subject to imprisonment warrants, the administrative official or the local police or a person who has been considered by the court as a concerning person.
Due the order of the court according to paragraph one the court shall designate the official who is responsible for executing the warrant to be the one who has the duty and responsibility to carry out the order and the provisions of Section 89/1, paragraph four, shall apply mutatis mutandis.
Section 90 When it is claimed that any person has been detained in a criminal case or in any other case unlawfully. These people have the right to submit a request to the local court that has jurisdiction over criminal cases to request their release:
(1) The person detained person;
(2) Public prosecutor;
(3) Investigative officer;
(4) Prison commander or warden;
(5) Spouse or relative of that person or any other person for the benefit of the detained person;
Upon receipt of petition, the court shall conduct an urgent unilateral inquiry. If the court finds that the request has merit the court has the power to order the detainer to bring the detainee to court immediately and if the detainer cannot demonstrate to the satisfaction of the court that the detention is lawful the court must order the immediate release of the detained person.
Unofficial Translation by Chaninat and Leeds Thailand Criminal Lawyers
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