Q: I have a criminal record in my home country and am planning to travel to Thailand for a vacation.  Is this going to be a problem upon entering Thailand?

A:  Section 12 of the Immigration Act for the Kingdom of Thailand describes the characteristics of Aliens that are or may be prohibited from entering the Kingdom and are outlined as those:

1)    Having no legal passport or having a passport but no visa.
2)    Having no means of sustenance for entry into the Kingdom.
3)    Entry into the Kingdom for occupation as a laborer.
4)    Unsound mind or illness from the following diseases: a) leprosy, b) contagious tuberculosis, c) elephantiasis, d) addicted to drugs, e) alcoholism, f) stage 3 syphilis.
5)    Never vaccinated for smallpox or contagious diseases as prescribed by the regulations of the Ministry and not allowing a doctor screening immigrants to diagnosis the disease.
6)    Having been convicted by judgment of a Thai court or a foreign court and imprisoned, except for petty offenses or offenses committed by negligence.
7)    Conducting himself in such a way as to be credible to believe that the person would be harmful to society or may disturb the peace or the security of citizens or the security of the Kingdom or a person with a warrant of arrest issued by a government official of a foreign country.
8)    Conducting himself in such a way as to be credible to believe entry into the Kingdom would be for purposes of prostitution, trafficking women or children, narcotics trafficking, smuggling for tax evasion purposes or doing business conflicting with peace and order or morality.
9)    Having no money on his person.
10)Having been exiled by the Thai government or government of a foreign country or whose habitation rights in the Kingdom or in foreign countries have already been revoked or sent out of Thailand by a government official.

While the law clearly refers to persons convicted of crimes by a foreign court, the law isn’t necessarily practiced as such.  Immigration officers at Ports of Entry do not necessarily have access to foreign criminal record databases. Those wishing to enter Thailand with a criminal record should be aware of certain special circumstances that will alert authorities, specifically if the individual:

1) Has been blacklisted by Thai authorities
2) Has an arrest warrant in Thailand or,
3) An arrest warrant by a foreign country that has been sent to Thai authorities,
4) Has a warrant or been flagged by Interpol.

To avoid any potential difficulties upon entering Thailand, it is strongly recommended that individuals seek the advice of a law firm in Bangkok.

Further adding to the exotic reputation of Thailand, Annice Smoel, an Australian woman, was arrested for stealing a bar mat and charged with “night theft.”

There is actually no specific “offense” in Thailand termed as “night theft.” There is, however, aggravated theft, which is a theft case that is considered more serious based on a number of factors, one of which is having the theft occur at nighttime.

The criminal section of the Thailand Penal Code is section 335 which reads as follows:

Section 335 Any person who commits theft as follows:

1. at night

2. at a place or an area with the occurrence of a fire, explosion, flood, or at a place or an area with the occurrence of an accident, railway disaster, or disaster to other modes of public transportation, or other similar disaster, or taking advantage of the opportunity afforded by such incident or taking advantage of the fear the public is experiencing concerning any such danger

3. by damaging barricades used for protecting persons or property or by penetrating through such barricades

4. by entering through a passage made not for the purpose of entry or entering a passage through the assistance of another person

5. by transforming or disguising himself to be viewed as another person, darkening his face or acting in any way so as not to be seen or remembered

6. by pretending to be a government official

7. by possession of a weapon or by committing an offense with two or more persons

8. in a home, a public area or area arranged for public service in which he enters without receiving permission or hides himself in such place

9. in a public place of worship, a train station, an airport, a parking lot, or a public boat, or a public place for transporting goods, or public transportation

10. that used or possessed for public benefit

11. that of an employer or possessed by an employer

12. that of a person with an occupation in agriculture, all products, plants, livestock, or instruments used for agricultural purposes or obtained from agriculture

Punishment consists of imprisonment of 1 to 5 years and a fine of 2,000 baht to 10,000 baht.

If the offense committed according to the first paragraph comprises an action with characteristics as prescribed in the above-mentioned subsection of two or more clauses, the offender shall be punished with imprisonment of 1 year to 7 years and fined 2,000 baht to 14,000 baht.

Before taking legal action, a person is advised to contact a Thailand law office.

The issue of human trafficking is a complex one, and involves a combination of cultural and economic factors which contribute to the practice. One of the main reasons migrants leave their impoverished homes in Burma is in hopes of better economic conditions in Thailand. They believe that by moving to a more economically viable country, they can escape from poverty, and improve their lives.

Furthermore, the culture of both Thailand and Burma, especially in poor families, is to inculcate in children the teaching that children are their parents’ support in times of distress. Children must provide financially for parents, and children who do so are signaled out as role models for others. In effect, children are parents’ social security in hard times and old age.

In this type of context, women and girls from poor families in Burma feel a responsibility to find work and send home money to support their poor families. Hence, they travel to Thailand to do so. The poor, uneducated girls and women feel pressure to support their families, yet lacking an education, work opportunities are limited, and sex work, or other labor intensive work, becomes an available option. It is a really sad situation for migrants to have very few available options to support themselves and their families.

Thailand instituted a registration scheme in 1992 for undocumented migrants from Burma, Laos, and Cambodia to apply for temporary work permits in Thailand.  With the permit, a migrant would be able to access the universal health care scheme and come under Thai labor laws in the same manner as a Thai national. Although progress has been made to provide equitable treatment to migrants under the scheme, the benefits remain underutilized by migrants.

This article provides a critical analysis of factors contributing to trafficking of Burmese women and girls for the purposes of sexual exploitation and governmental polices to prevent this exploitation:

http://www.thailawforum.com/articles/Trafficking-in-Thailand%20.html

The Thailand Law Forum has published a new article that provides information for US expatriates concerning obtaining social security retirement benefits when living abroad.

TLF also has several new academic articles including: Life and Death Away from the Golden land: The Plight of Burmese Migrant Workers in Thailand by Bryant Yuan Fu Yang

The Thailand Law Forum has the honor of hosting several new academic articles in the newest issue of the Thailand Law Journal. Dr. Jakkrit Kuanpoth, a frequent contributor to the Thailand Law Forum and a renowned international expert on Thai and international intellectual property issues, has written a new article concerning protection of traditional knowledge in the face of globalization. The issue is extremely relevant to Thailand, a nation endowed with a great deal of traditional knowledge such as traditional medicine, massage, and martial arts, to name a few. We also have additional articles concerning Thai telecommunications from Piyabutr Bunaramrueang, and a selection of other articles concerning economic issues, including “Money for Nothing, Your Crises for Free?” by Jasper Kim and Kemavit Bhangananda, and the “Role of Non-Governmental Organizations in Pharmaceutical Research and Development” from Nathaniel Lipkus.

Adding further to our database on issues concerning the government of Burma and human trafficking issues, we also have an article from Christa Foster Crawford entitled “Cultural, Economic and Legal Factors Underlying Trafficking in Thailand and Their Impact on Women and Girls from Burma” that addresses the plight of Burmese women who are forced into trafficking and the potential for effective government response to protect the said females.

A potential floodgate of cases may arise from the closing of Bangkok’s two major airports. Thailand Lawyers are reporting an increase in inquiries regarding recovering damages as a result of the closure of the two major airports in Thailand. Potential clients include travel agents, cargo shippers, and hotels. Suing PAD (The People’s Alliance for Democracy or “Punthamit” as they are known in Thailand) could be a political hot potato however. Nevertheless many Thailand Law Firms have already begun arranging their lawsuits. It is reported that major airlines may be leading the pack in lawsuits against the PAD.

New additions to the www.thailawforum.com site include a full translation of the updated Land Law Act and several new feature articles. Jason Armbrecht, a prolific and talented writer has contributed a number of popular articles that may have a broader readership than the academic articles that we normally provide. Topics include: “Fugitives in Thailand,” “Transsexuals and Thai Law,” “Defrauded in Thailand,” and “Medical Malpractice in Thailand.”

Additionally we are currently preparing the first edition of the 2009 Thailand Law Forum Journal. The Thailand Law Forum Journal is a publication of academic articles. There are several interesting selections that should be published shortly.

As 2008 draws to a close, we can look back on the past year as a time of great political turmoil as well as, on a more mundane level, a period of some significant changes in Thailand.

Two Acts that will probably have the most significant effect on foreigners doing business in Thailand, or foreigners residing in Thailand, are the new Condominium Act and the Escrow Act. The new Condominium Act provides greater protection for consumers of condominiums in terms of cracking down on developers using brochures or other advertisements that are overreaching or exaggerate the characteristics of the condominium. In such an event, the Condominium Act provides additional means for consumers to seek redress. Other changes in the Act include a new definition for voting rights that provide greater equality between unit owners of different floor-values. The new Condominium Act has equalized the voting rights between more expensive and less expensive units, based on a pure square meter basis.

The Escrow Act has also provided a new tool for foreign and Thai consumers interested in a Condominium Purchase in Thailand to protect their purchases of real estate. Previously, there was no specific structure for an escrow process for buying real estate in Thailand. The new Escrow Act provides a framework for an official escrow agent to be appointed and for consumers to voluntarily use the escrow framework and the legally sanctioned escrow agent services.

The new domain suffix in.th is up and running and there are still numerous interesting domains left.  This is a big relief after dealing with the regular co.th domain extensions.  Under the co.th, it was difficult to register a domain name without a registered company name or trademark that matched the domain name.  Under the new in.th domain name,  rules are very relaxed and applicants have a much freer reign to register domain names.

The new changes to the Civil and Commercial Code became effective on July 1st.  In addition, 7 days and 14 days after shareholder director resolutions must be published in a newspaper of general circulation for a period of  7 to 14 days after shareholder resolutions.   As a practical matter this is going to slow down making changes to the company structure.  Also the new law makes it possible to register in a shorter period of time and have only 3 shareholders (instead of 7 under the old law).