Thailand Criminal Procedure Code Sections 157-171

PART  3

COURT PROCEEDINGS IN FIRST INSTANCE

Title 1

Entry of Charge and Preliminary Hearing

Section 157 Criminal charges shall be filed with any court having jurisdiction in accordance with the provisions of this Code or other laws.

Section 158 The complaint must be in writing and must be

(1) Name of the court and date;

(2) A case between who is the plaintiff and who is the defendant and the offence charged;

(3) The position of the prosecutor who is the plaintiff. If the citizen is the plaintiff, enter the first name, last name, age, address, nationality and force;

(4) First name, last name, address, nationality and jurisdiction of the defendant;

(5) All acts claimed to have been committed by the defendant. Facts and details regarding the time and place where the act occurred, as well as the persons or things involved, are sufficient to enable the defendant to understand the charges well;

In defamation cases, words spoken, books, drawings, or other things related to defamation to be stated in full or attached to the end of the lawsuit;

(6) Citing a section of the law which states that such an act is an offense;

(7) The signature of the plaintiff, the person who composed, wrote or typed the complaint.

Section 159 If the defendant has ever been sentenced and punished for having committed an offence. When the plaintiff wants to increase the defendant’s punishment for not being reckless to be mentioned in the lawsuit.

If a request for additional punishment is not included in the complaint before the judgment of the Court of First Instance the plaintiff will submit an additional request to sue. When the court sees fit, it may grant permission.

Section 160 Section 160 Multiple offenses may be included in the same charge. But separate the offenses and arrange them in order.

Each offense may be considered a separate charge from the other charges. If the court deems it appropriate, it will order a separate case to consider any offense or offenses separately and such an order may be made before consideration or during consideration.

Section 161 If the lawsuit is not legal the court shall order the plaintiff to correct the complaint or dismiss the complaint or not seal the complaint.

The plaintiff has the power to appeal such order of the court.

Section 161/1 In cases where the people are the plaintiffs If it appears to the court itself or there is evidence called by the court that the plaintiff filed the lawsuit in bad faith or by misrepresenting the facts. In order to bully or take advantage of the defendant or by aiming for results other than the benefits that are rightfully received the court shall dismiss the lawsuit and prohibit the plaintiff from filing suit in the same matter again.

Filing a lawsuit in bad faith under paragraph one shall include the plaintiff’s intentional disobedience of orders or judgments of the court in other criminal cases which have become final without reasonable cause.

Section 162 If the lawsuit is filed legally Let the court make the following order:

(1) In the case the people are the plaintiffs. Let the investigation be conducted. But if in that case the prosecutor has already filed charges against the defendant on the same charge to be managed according to subsection (2);

(2) in a case where the prosecutor is the plaintiff There is no need to investigate the cause of action. But if it is deemed appropriate, you may order an investigation into the grounds of the complaint first.

In the event that there has been a preliminary inquiry into the said lawsuit. If the defendant confesses, the court will consider the charge.

Section 163 When there is reasonable cause the plaintiff has the power to submit a petition to the court requesting an amendment or addition to the complaint before the Court of First Instance has a judgment. If the court deems it appropriate, it may grant permission or may order an investigation into the grounds of the complaint first. Once permission has been granted, a copy of the complaint or additional complaint shall be sent to the defendant for correction and the court may order a separate document to consider additional charges.

When there is reasonable cause, the defendant may file a motion to amend or add to his testimony before the court. If the court sees fit to grant permission, then send a copy to the plaintiff.

Section 164 A requests to amend or add a charge is If it will put the defendant at a disadvantage in fighting the case The court is prohibited from granting permission. But it is good to correct the base of the offense or the details that must be stated in the lawsuit. Adding additional offenses or details that were not mentioned would be good. Regardless of whether this is done at any stage during the consideration in the Court of First Instance, it must not be considered to put the defendant at a disadvantage. Unless the defendant has misled the defense on matters that were wrong or not mentioned.

Section 165 In a case in which the public prosecutor is the plaintiff on the day of the preliminary hearing Have the defendant come or be detained to appear in court. The court shall send a copy of the complaint to each defendant individually. When the court believes that it is really the defendant have them read and explain the lawsuit to you and asked whether he had actually committed a crime or not how will the fight be given. The defendant’s testimony is to be recorded. If the defendant refuses to testify, the court will record the report and continue.

The defendant has no authority to bring witnesses to examine at the preliminary inquiry stage. However, this does not take away the defendant’s right to have a lawyer to assist.

In the case the people were the plaintiffs. The court has the power to investigate the cause of action behind the defendant’s back. The court shall send a copy of the complaint to each defendant individually and informing the defendant of the date of the hearing. The defendant will come to listen to the preliminary hearing. By appointing a lawyer to cross-examine the prosecution’s witnesses or not or the defendant will not come but you can appoint a lawyer to cross-examine the prosecution’s witnesses. The court is prohibited from questioning the defendant’s testimony and before the court enters the case, the defendant cannot be considered to be in such a position.

Section 165/1 In cases with the death penalty rate or in cases where the defendant is not more than eighteen years of age on the date of being filed with the court. In the preliminary inquiry under Section 165, if and when the defendant comes to court? and the defendant does not have a lawyer Let the court appoint a lawyer.

In cases with a prison sentence in the preliminary inquiry under Section 165, if and when the defendant comes to court the court will ask the defendant whether he has a lawyer or not. If there is none and the defendant needs a lawyer Let the court appoint a lawyer.

The court shall pay the award and expenses to the lawyer appointed by the court under this section taking into account the circumstances of the case and economic conditions in accordance with the regulations set by the Judiciary Executive Committee with the approval of the Ministry of Finance.

Section 165/2 In the preliminary investigation the defendant may state to the court important facts or legal points that the court should order that the case has no basis and may also specify in the statement the person, document, or object that will support the facts according to the defendant’s statement. In such a case the court may summon such persons, documents, or objects as court witnesses to support the decision and order the case as necessary and appropriate. The plaintiff and defendant may question court witnesses when permitted by the court.

Section 166 If the plaintiff does not appear as scheduled let the court dismiss the case. But if the court finds that there are reasonable grounds for not being able to come You can order the case to be postponed.

The court has dismissed the said case. If the plaintiff comes to complain within fifteen days from the day the court dismissed the case by showing the court that there were reasonable grounds for not being able to come. The court then dismissed the case for a new hearing.

In the case in which the court dismissed the matter the defendant cannot be sued for the same matter again. But if the court dismisses such a case in a case in which only the people are the plaintiffs do not cut off the power of the prosecutor to prosecute that case again. Unless it is a personal offense case.

Section 167 If it appears that the case has grounds the court shall seal the case for further consideration only on the counts that have a basis. If the case has no basis let the judgment be dismissed.

The court’s order that the case has grounds must include facts and law along with reasonable reasons.

Section 168 When the court has entered the case a copy of the complaint shall be sent to the defendant individually. Unless the defendant has received a copy of the lawsuit beforehand

Section 169 When the court has entered the case but the defendant has not yet been found. The court has already issued a summons or an arrest warrant, whichever it is, for further consideration.

Section 170 The court’s order that the case has a basis is absolute. But the order that the case has no basis the plaintiff has the power to appeal the Supreme Court in accordance with the provisions regarding the nature of appeals to the Supreme Court.

If the plaintiff requests it, the court may imprison the defendant or temporarily release him while appealing to the Supreme Court.

Section 171 The provisions regarding investigation and consideration, except for Section 175, shall apply mutatis mutandis to the preliminary inquiry.

The provisions of Section 133 bis and Section 172 ter shall apply mutatis mutandis to a preliminary inquiry in a case where the witness is a child not exceeding eighteen years of age. Both in cases where the people are the plaintiffs and in cases where the public prosecutor is the plaintiff.

Thailand Criminal Lawyers