PART 9 Forfeiture or Seizure of Properties

Section 32
Upon receipt the request for assistance from a foreign state to forfeit or seize properties located in Thailand, the Competent Authorities shall apply to the Court having jurisdiction over the location of the properties for passing the judgment forfeiting such properties or for the issuance of an order seizing them.

Under paragraph one, the Competent Authorities shall, if it is necessary, conduct an inquiry himself or authorizes any inquiry official to conduct an inquiry on his behalf.

Section 33
The properties specified in the request for assistance from a foreign state may be forfeited by the judgement of the Court if such properties have been priorly adjudicated to be forfeited by the final judgement of a foreign court and they are forfeitable under Thai laws.

If the properties were adjudged to be seized by a foreign court before the Court passed its judgement or after the passing of the judgment to forfeit such properties but the judgement has not become final yet, the Court may deem it appropriate to order the properties to be seized provides that they are seizable under Thai laws.

The forfeiture or seizure of properties by the judgement or order of the Court under this Section shall be effective even the offence which is the cause of such forfeiture or seizure may not have taken place in the territory of Thailand.

Section 34
The provisions related to forfeiture of properties set forth in the Criminal Procedure Code and the Penal Code shall be applied to the inquiry, the application of motion, the trial, the adjudication, and the issuance of an order to forfeit or seize of properties in this regard, mutatis mutandis.

Section 35
The properties forfeited by the judgement of the Court under this part shall become the properties of the State, but the Court may pass judgement for such properties to be rendered useless, or to be destroyed.

PART 10 Seeking Assistance

Section 36
The agency seeking assistance from a foreign state shall present its request to the Central Authority.

Section 37
The request to seek assistance from a foreign state including all documents to be sent theseto shall be in line with the forms, rules, means, and conditions defined by the Central Authority.

Section 38
The Central Authority shall consider whether it is appropriate according to regulations, details, facts and supporting documents, to request assistance from a foreign state, and then notify the requesting agency his determination theseabouts.

A determination of the Central Authority in regard to the request seeking for assistance shall be final unless otherwise instructed by the Prime Minister.

Section 39
The requesting agency shall comply with the commitment of Thailand towards the Requested State regarding the use of information or evidence for the purposes specified in the request.

The requesting agency shall also comply with the commitment of Thailand towards the Requested State regarding the confidentiality of the requested information or evidence unless such information or evidence is necessary for the public trial which is the consequence of the investigation, inquiry, prosecution or other criminal proceeding referred to in the request.

Section 40
No person entering to testify or give statement in Thailand in accordance with this Act shall be subject to service of process or be detained or subject to any other restriction of personal liberty by reason of any acts which preceded his departure from the Requested State.

The safeguard in paragraph one shall cease when the person, having had the opportunity to leave Thailand within fifteen consecutive days after notification that his presence was no longer required by the appropriate authorities, shall have nonetheless stayed in or voluntarily returned after having left Thailand.

Section 41
All evidence and documents derived under this Act shall be deemed as admissible for hearing.

CHAPTER 3 Costs

Section 42
All costs related to the providing of assistance to a foreign state and in requesting assistance from a foreign state shall be in line with rules, means, and conditions set forth in the Ministerial Regulations.

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