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19 February 2009

Extradition Act, B.E. 2551

The Extradition Act, B.E. 2551, which came into force on 10 August 2008, repealed and replaced the Extradition Act, B.E. 2472 and applies to all extraditions, subject to the provisions of any extradition treaty between government of Thailand and either the government of any other country or any international agency.

Extraditable offenses are offenses which both the requesting country and Thailand define as a crime punishable by death or by imprisonment of one year or more.  Extradition may also be obtained for offenses punishable by less serious offenses if such offenses relate to a more serious offense in respect of which extradition is granted.

Extradition will only be granted if:

            1.  extradition would not otherwise be contrary to Thai law and the offense is not political or military in nature (political offenses do not include the commission of an act of violence against the King, Queen or the Heir-Apparent or any head of state, government leader or member of a family of any of them or the commission of any crime not defined as a political offense under any applicable extradition treaty),

            2.  if the country requesting extradition is not party to an extradition treaty with Thailand, such country has stated that it will extradite a criminal to Thailand under similar circumstances and

            3.  there is no final judgment from a court in the country requesting extradition or in Thailand exonerating the person to be extradited, such person has not already served the punishment for the extraditable offense, amnesty has not been granted to such person for said offense and there is no other preclusion under the laws of the country requesting extradition against the prosecution of such person for said offense.

If the country requesting extradition is party to an extradition treaty with Thailand, an extradition request is to be submitted to the Attorney-General or his assignee.  Otherwise, an extradition request is to be submitted through diplomatic channels.  If the extradition request is submitted through diplomatic channels, the Ministry of Foreign Affairs will submit such request to the Attorney-General, but only if either the Ministry of Foreign Affairs believes that extradition would not adversely affect relations between the country requesting extradition and Thailand or the Council of Minister gives its consent.  If the extradition request is accompanied by all necessary documentation and is otherwise sufficient, the Attorney-General will notify a Public Prosecutor issue an arrest warrant and, upon the arrest of the person requested to be extradited, commence an action in court; otherwise, the Attorney-General shall notify the country requesting extradition of the deficiencies in the extradition request.

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