Section 31 In case of necessity for the benefit of prevention and suppression of trafficking in person, before entering a charge in the Court, the public prosecutor, by himself or by receiving a request from an inquiry official, may bring the trafficked person or a witness to the Court and file a petition specifying all the facts alleged to have been committed and the necessary cause why the testimony must be taken promptly.

In case the initiation to testify in Court is of the trafficked person or witness, after such person informed his intention to the public prosecutor, a petition to the Court shall immediately be filed by the public prosecutor.

When having received the petition under paragraph one or two, the Court shall take the testimony of witness promptly. During the testimony, if an interested person in the case files a petition to the Court citing a reason or necessity to cross-examine or to appoint a counsel for cross-examination, the Court may grant permission to do so when deemed appropriate and Section 237 bis paragraph three and four of the Criminal Procedure Code shall apply mutatis mutandis.

If the alleged offender is indicted later as a defendant with the charge of any offence stipulated in Chapter 1, the deposited testimony of the witness shall be used as evidence in the trial and in making decision of that case.

Section 32 In performing the duties under this Act, the competent official shall be officials under the Penal Code.

CHAPTER 4
Provisions of Assistance and Protection of Safety to the Trafficked Person of Trafficking in Persons

Section 33 The Ministry of Social Development and Human Security shall consider to provide assistance as appropriate to a trafficked person on food, shelter, medical treatment, physical and mental rehabilitation, education, training, legal aid, the return to the country of
origin or domicile, the legal proceedings to claim compensation according to the regulations prescribed by the Minister, providing that
human dignity and the difference in sex, age, nationality, race, and culture of the trafficked person shall be taken into account. The right to
receive protection, whether it be prior to, during and after the assistance providing, including the timeframe in delivering assistance of each stage, shall be informed the trafficked person. In this connection, the opinion of trafficked person is to be sought.

The competent official, in providing assistance under paragraph one, may place the trafficked person in the care of a primary shelter provided by the law on prevention and suppression of prostitution, or a primary shelter provided by the law on child protection, or other government or private welfare centers.

Section 34 For the benefit of the assistance to a trafficked person, the inquiry official or public prosecutor shall, in the first chance, inform the trafficked person his right to compensation for damages resulting from the commission of trafficking in person and the right to the
provisions of legal aid.

Section 35 In case where the trafficked person has the right to compensation for damages as a result of the commission of trafficking in persons and express his intention to claim compensation thereof, the Public Prosecutor, to the extent as informed by the Permanent Secretary
for Social Development and Human Security or any person designated by him, shall, on behalf of the trafficked person, claim for compensation thereof.

The claim for compensation under paragraph one, may be brought by the Public Prosecutor either with the criminal prosecution or by way of motion filed at any time during the trial of the criminal case in the Court of the First Instance.

The judgment in the part of the claim for compensation shall be given as one part of the judgment in the criminal case. In case where the Court orders to compensate for compensation, the trafficked person shall be regarded as the creditor according to the judgment and the
Director-General of the Legal Execution Department shall be bound to execute the judgment of such.

The hearing proceedings of claim for compensation under paragraph one and the execution of judgment under paragraph three are exempt from any costs. The provisions of the Criminal Procedure Code shall apply mutatis mutandis as far as they do not contravene to any
provisions stipulated in this Act.

Section 36 The competent official shall provide for the safety protection to the trafficked person under his care regardless of where such person stays, whether it be prior to, during or after the proceeding. In so doing, the safety of the family members of trafficked person shall also be taken into account.

In case where the trafficked person will make statement or testify as a witness in the offense of trafficking in persons under this Act, the trafficked person, as a witness, shall be under the protection according to the law on the protection of witness in a criminal case in all respects.

If the trafficked person has to return to the country of residence or domicile or if the family members of the trafficked person live in other country, the competent official shall coordinate with the agency in such country whether it be a government or a private agency and whether it be done via the embassy or consular office of such country, with a view to continuously provide safety protection for the trafficked person and family members in that country.

Section 37 For the purpose of taking proceedings against the offender under this Act, or providing medical treatment, rehabilitation for the trafficked person, or claiming for compensation of the trafficked person, the competent official may assist the trafficked person to get a
permission to stay in the Kingdom temporarily and be temporarily allowed to work accordance with the law. In so doing, the humanitarian
reason shall be taken into account.

Section 38 Subject to Section 37, the competent official shall undertake to have the trafficked person who is an alien return to the country of residence or domicile without delay except such person is allowed the permanent residence in the Kingdom according to the immigration law or has been granted a relief, in an exceptional case, to stay in the Kingdom from the Minister of the Interior, with evidence and documents under the law on census registration or the law on alien registration.

In the undertaking under paragraph one, the security and welfare of such person shall be taken into account.

Section 39 In case where a person of the Thai nationality falls an trafficked person in a foreign country, and wants to return to the Kingdom or residence, the competent official shall undertake to clarify whether such person is a Thai or not. In case where such person is a Thai national, the competent official shall undertake, whatever as necessary, to have such person return to the Kingdom without delay, considering accordingly to the safety and welfare of such person.

In case where the trafficked person in a foreign country is an alien being allowed a residence in the Kingdom under the immigration
law, or being granted a relief, in an exceptional case, to stay in the Kingdom from the Minister of the Interior, and prior to leaving the
Kingdom, the status of being granted a temporary residence has not yet terminated, once the facts in relation to such person are verified,
should he want to return to the Kingdom, the competent official shall undertake whatever necessary to have such person return to the Kingdom without delay, considering accordingly to the safety and welfare of such person, and the same shall be granted a permission to resume a stay in the Kingdom according to the status quo prior to leaving the Kingdom.

In case where the trafficked person in a foreign country is an alien and has no any identity document, but there is a reasonable ground to belief that such person has, or used to have a domicile or residence in the Kingdom lawfully, once the status of domicile or residence of the said person has been verified, should he wish to return to the Kingdom, the competent official shall undertake whatever necessary to have such person return to the Kingdom without delay, considering accordingly to the safety and welfare of such person, and the same shall be granted a permission to resume a stay in the Kingdom according to the status quo prior to leaving the Kingdom.

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