Thailand-Criminal-Procedure-Code-Sections-1-15

TITLE 1

GENERAL PROVISIONS

Section 1 In this Code, if there is a definition of any term, such term is to be construed in the sense defined, unless the wording of the text is repugnant to such definition.

Section 2 In this Code:

1. “Court” means a Court of Justice or a judge having the power to exercise criminal jurisdiction;
2. “Alleged Offender” means a person who is alleged to have committed an offence but has not yet been charged in Court;
3. “Accused” means a person who has been charged in court with the commission of an offence ;
4. “Injured Person” means a person who has received injury through the commission of any offence. This includes any other person who has the power to act on his behalf as provided in Section 4, 5, and 6;
5. “Public Prosecutor” means any official who has the duty to prefer criminal charge in Court against an alleged offender, whether such official be an official of the Public Prosecution Department or any other official empowered to do so;
6. “Inquiry Official” means an official to be vested by law with the power and duty to conduct an inquiry.
7. “Complaint” means an allegation made by an injured person, given to the authorities according to the provisions of this code, that an offence has been committed, whether by a known or unknown person, to the detriment of the injured person, and such allegation is made with the intention to have the offender punished;
8. “Denunciation” means an allegation made by a person other than the injured person to the authorities that a person known or unknown has committed an offence;
9. “Criminal warrant” means the Written Order, which is issued in accordance with the provisions of this code, orders the authority to an arrest, detention and imprisonment, or release an alleged offender, accused or convict, or makes a search, extend to the copy of arrest warrant or search warrant which is attested, and telegraphic notification that it has issued an arrest warrant or search warrant including the copy of arrest warrant or search warrant which has been sent by fax, electronic or other technical information, but all these, as provided in the Section 77.
10. “Investigation” means a search for facts and evidence, which an administrative or police official made in accordance with his power and duty, in order to preserve public order and to ascertain the particulars of an offence:
11. “Inquiry” means the collection of evidence and other proceedings conducted by an inquiry official according to the provisions of this Code in connection with an alleged offence, for the purpose of ascertaining the facts or establishing the guilt and securing the punishment of the offender;
12. “Preliminary Examination” means the proceeding conducted by a Court with a view of finding a Prima facie case against the accused;
13. “Private Place” means a place which is not a public place as provided in Thailand Penal Code;
14. “Prosecutor” means either the Public Prosecutor or the injured person who has instituted a criminal case in Court, or both, in case of the Public Prosecutor and the injured person are joint prosecutors;
15. “Parties” means the prosecutor on the one side, and the accused on the other side;
16. “Administrative or Police Official” means an official to be vested by law with the power and duty to keep the public peace. It includes chief jailers, excise, customs, harbor and immigration officers and all other officials when performing act in connection with the arrest of offenders or the suppression of crime which they have the duty to arrest or suppress;
17. “Superior Administrative or Police Official” means the following official:
    (a) The Under-Secretary of State for Interior;
    (b) The Deputy Under-Secretary of State for Interior;
    (c) The Inspector of the Ministry of Interior;
    (d) The Assistant Under-Secretary of State for Interior;
    (e) The Director-General of the Department of Interior;
    (f) The Deputy Director-General of the Department of Interior;
    (g) The Director of the Inquiry and Legal Activity Part , Department of Interior;
    (h) The Chief and the Headwork of the Inquiry and Legal Activity in the Part  of the Department of Interior;
    (i)  The inspector of the Department of Interior;
    (j) The Governor of Province;
    (k) The Deputy Governor of Province;
    (l) The Deputy District Chief;
    (m) The District Chief;
    (n) The Deputy District Chief who is the chief attached to sub-Amphur;
    (o) De Director-General of the Police Department;
    (p) The Deputy Director-General of the Police Department;
    (q) The Assistant Director-General of the Police Department;
    (r) The Commissioner of the Police;
    (s) The Deputy Commissioner of the Police;
    (t) The Assistant Commissioner of the Police’
    (u) The Commander;
    (v) The Deputy Commander;
    (w) The DEPUTY COMMANDER of Province;
    (x) The Deputy Chief Provincial Police of Province;
    (y) The Superintendent;
    (z) The Province Provincial Superintendent of Region;
    (aa) The Deputy Superintendent;
    (ab) The Deputy Province Provincial Superintendent;
    (ac) The Chief Inspector and the Inspector;
    (ae) The Inspector of the Local Police;
    (af) The Head of Police Station having the rank of sub lieutenant or its equivalent upwards;
    (ag) The head of a police station with the rank of Police Sub-Lieutenant or equivalent to Police Sub-Lieutenant and above;
    Provided that there shall include the person acting in the position, but the person who is acting in the position (ae), (af), and (ag) must have the rank of police sub-lieutenant and above or equivalent to Police Sub-Lieutenant and above;
18. “Article” means any movable property which can be used as evidence in a criminal case. It includes letters, telegrams and other documents;
19. “Memorandum” means any writing made by a Court as evidence of all particulars of the proceedings carried out in a criminal case;
20. “Note” means any writing made by any administrative or police official as evidence of an inquiry of a criminal offence. It includes the record in writing of complaints and denunciations;
21. “Keep in custody” means the restraint or the confinement of the arrested person by an administrative or police official during investigations and inquiry proceedings;
22. “Detention” means the confinement of an accused or an alleged offender by a Court.

Section 3 Persons specified in sections 4, 5 and 6 have the power to act on behalf of the injured person according to the conditions provided in those sections as follows:

1. To lodge a complaint;
2. To constitute a criminal prosecution or join with the Public Prosecutor in a criminal prosecution;
3. To enter a civil claim in connection with an offence;
4. To withdraw a criminal charge or a civil claim in connection with an offence;
5. To compound a compoundable offence.

Section 4 in a criminal case in which the injured person is a married woman. The woman has the right to prosecute her case. Without having to get the husband’s permission first
Under Section 5 (2), a husband has the right to pursue a criminal case on his wife’s behalf when he has received his wife’s express permission.

 Section 5 The following persons may act on behalf of the injured person:

1. The legal representative or custodian in respect only of offences committed against the minor or incompetent person under his care;
2. The ascendant or descendant, the husband or wife, in respect only of criminal offences in which the injured person is so injured that he died or is unable to act by himself;
3. The manager or other representative of a juristic person in respect of any offence committed against such juristic person.

Section 6 In a criminal case where the injured person is a minor, there is no legal representative Insane or incapacitated people do not have a guardian, or the legal representative or guardian is unable to discharge his duty for any reason which includes a conflict of interest with the minor or incompetent person, a relative of such person, or any interested person may file a motion to the court for appointing him as a representative ad litem.

Once the matter has been inquired, the court shall appoint an applicant or any other person agreeing thereto as it thinks fit. When no person is a representative, the court shall appoint an administrative official to act as a representative.

No Court fees shall be demanded in respect of proceedings carried out for such appointment.

Section 7 In the investigation, preliminary hearing, or trial, if an accused or defendant is a juristic person, the summons shall be served on the manager, or other representative to appear before the inquiry official or the Court, as the case may be.

If the manager or representative of the juristic person does not comply with the summons, an arrest warrant will be issued against them. But no provision concerning provisional release, detention, or imprisonment of a manager or representative of the juristic person is an alleged offender or accused.

Section 7/1 An arrestee or accused who is restrained or detained shall be entitled to, at the earliest occasion, inform or request the inquirer to inform his relative or a person in whom he reposes of the fact that he is under arrest and the place of his restraint. Also, the arrestee or accused shall be entitled to:
(1) Meet with a prospective Thai criminal lawyer for consultation;
(2) Allow a lawyer or a person whom one trusts to listen to one’s interrogation during the investigation stage;
(3) receive reasonable visits or contact with relatives;
(4) Receive medical treatment promptly when sick;

The administrative or police official who accepts the arrested person or the accused person has the duty to inform the arrested person or the accused person at the first opportunity of his or her rights under paragraph one.

Section 8 From the time the lawsuit is filed the defendant has the following rights:
(1) Receive a speedy, continuous and fair trial;
(2) Appoint an attorney to defend the criminal case at the preliminary inquiry stage or considered in the Court of First Instance as well as the Appeal Court and the Supreme Court;
(3) Consult a lawyer or a person who will be a lawyer personally;
(4) Examine what is submitted as evidence and make a copy or take a photo of that thing;
(5) Examine the file of the preliminary inquiry or court consideration and copy or request a certified true copy for a fee, unless the court orders the fee to be waived;
(6) Examine or copy copies of one’s testimony in the investigation or supporting documents for one’s testimony;
If the defendant has a lawyer the lawyer shall have the same rights as the defendant mentioned above.

 When the prosecutor has filed a case with the court the injured person shall have the same rights under paragraph (6) as the defendant.

Section 9 The record must specify the location. Date, month and year of the work, name and position of the official who did the work

When an official makes a record by receiving an order from the court or by an order or request of another official. The official shall also state that he received such an order or request and show how he has done it.

The official who made the record shall sign his or her name on the record.

Section 10 A memorandum shall specify the name of the court making it as well as the place and date thereof. If it is made by virtue of an order or commission of other court, the receipt and execution of the said order or commission shall also be mentioned.

The judge making the note shall set his hand thereto.

Section 11 With respect to a note or memorandum, the official or court shall read it to the person giving the statement. Any alteration, expostulation or addition may be made thereto or noted therein with the signature of the person giving the statement in approval thereof.

Where a person required to sign a note or memorandum is unable to or refuses to so sign, this fact shall be noted down or reported.

Section 12 With regard to a document drawn up by a court or official, or a complaint, denunciation, plea or motion submitted to the same, it shall be written in ink or typewritten or printed. Any mistake shall not be expunged, but merely redacted and rewritten with the initials of the judge, official or person making such correction in the margin of the paper.

Any addition made to the document described in this section must be initialed by the judge, official or person making it.

12 bis Where any legal provision requires a psychologist or social worker to participate in the lodging of a complaint or the holding of an inquiry, preliminary hearing or trial, the psychologist or social worker shall be qualified according to the ministerial regulations.

The psychologist or social worker under paragraph one shall be entitled to remuneration in conformance with the rule issued by the Ministry of Justice with approval of the Ministry of Finance.

Section 13 An inquiry, preliminary hearing or trial shall be conducted in Thai language. Where it is necessary to translate a Thai dialect, vernacular or foreign language into Thai language or vice versa, an interpreter shall be required. Where the victim, accused, defendant or witness cannot speak or understand Thai language or can speak or understand only a Thai dialect or vernacular and is not yet represented by any interpreter, the inquirer, public prosecutor or court shall without delay furnish him with an interpreter.

 English Language Translation by Chaninat and Leeds Thailand Criminal Attorneys

Where the victim, accused, defendant or witness sustains speech disorder or hearing impairment or cannot express meaning and is not yet represented by any sign language interpreter, the inquirer, public prosecutor or court shall provide one for him or may organize other appropriate means of questioning, answering or meaning expression for him.

Where the interpreter is required to make a translation or interpretation of a plea, testimony or others, he shall make it accurately and shall take an oath or make an affirmation that he shall perform the duty in all sincerity without adding anything to or reducing anything from the translation or interpretation. The interpreter shall set his hand to the translation or interpretation.

In pursuance of the rule issued by the National Police Headquarters, Ministry of Interior, Ministry of Justice, Office of the Attorney-General or Office of Courts of Justice, as the case may be, with approval of the Ministry of Finance, the inquirer, public prosecutor or court shall, by order, pay to the interpreter under this section allowances, travel expenses and residence outlays.

Section 13 bis (Repealed)

Section 14 In the course of an inquiry, preliminary hearing or trial, should there be a reasonable belief that the accused or defendant is insane and therefore unfit to plead, the inquirer or court, as applicable, shall order a medical official to hold a psychiatric evaluation of the person in question and thereafter make a personal appearance to give statement or testimony as to the outcome of the evaluation.

In the event that the inquirer or court finds the accused or defendant insane and unfit to plead, the inquiry, preliminary hearing or trial shall be suspended until the person in question recovers his sanity or is fit to plead.

Where appropriate, the inquirer or court shall also be authorized to deliver the person in question to a lunatic asylum, custodian, provincial governor or other person willing to take charge of him. In the event that the preliminary hearing or trial has been suspended pursuant to the foregoing paragraph, the case may be disposed of by the court for a provisional period.

Section 15 Where no provisions of the present Code are specifically applicable to any procedural act, the provisions of the Civil Procedure Code shall apply to the extent possible.