Thailand Criminal Procedure Code Sections 106-119

Chapter 3

Provisional Release

Section 106 Request for temporary release of the accused or defendant without bail or surety or surety and surety. Regardless of whether that person must be detained or imprisoned according to a court warrant. It can be submitted by the accused, the defendant, or a person with a related interest as follows:

(1) When the accused person is under control and has not yet been charged with the court. Submit it to the investigator or prosecutor, as the case may be;

(2) When the accused is detained under a court warrant and has not yet been charged with the court to be submitted to that court;

(3) When the accused has been charged. Submit it to the Court of First instance that settled the case;

(4) When the court has read the judgment of the Court of First Instance or the Appeal Court. Even though there has not yet been an appeal or appeal filed or an appeal or appeal has been filed but the case has not yet been sent to the Appeal Court or the Supreme Court. Submit it to the Court of First instance that settled the case;

In the case where the Court of First Instance deems it appropriate to grant temporary release let the Court of First Instance order permission. Otherwise, hurry and send the petition along with the documents to the Appeal Court or the Supreme Court for ordering, as the case may be.

(5) When the court has sent the case to the Appeal Court or the Supreme Court will be submitted to the Court of First instance that settles the case or will submit it to the Appeal Court or the Supreme Court It depends on the case;

In the case of submission to the Court of First instance the Court of First instance shall promptly send the request to the Appeal Court or the Supreme Court for an order, as the case may be.

Section 107 Upon receipt of a request for temporary release the official or court must quickly order and every accused or defendant should be allowed temporary release. By relying on the criteria as provided in Section 108, Section 108/1, Section 109, Section 110, Section 111, Section 112, Section 113 and Section 113/1

Order of temporary release under paragraph one the relevant person shall carry out the said order immediately.

Section 108 In deciding a request for temporary release these points must be considered together.

(1) The gravity of the charge;

(2) How much evidence has appeared;

(3) What are the various circumstances of the case;

(4) How reliable is the applicant for insurance or collateral;

(5) Is the accused or defendant likely to escape;

(6) How great is the danger or damage that will result from the temporary release;

(7) In the case where the accused or defendant is detained according to a court warrant. If there is an objection from the investigating officer the prosecutor, the plaintiff or the injured person, as the case may be, the court should be able to accept and assist in the decision;

Translation Chaninat and Leeds Ltd.  Thailand Bail Lawyers

For the benefit of proceeding according to paragraph one the official who has the power to order temporary release or the court may listen to the facts. Reports or opinions of officials who are required by law to have powers and duties related to that matter may also be used for consideration in ordering the request.

Permission to temporarily release the official who has the power to order temporary release or the court may set conditions regarding residence or any other conditions for the temporarily released person to comply with or in the case where that person agrees to order the use of electronic devices or any other devices that can be used to monitor or temporarily restrict the movement of the released person in order to prevent escape or danger or damage that may occur but if the temporarily released person is not yet eighteen years of age. Even if that person consents the use of such equipment will be ordered only if that person has behavior that may pose a serious threat to other people or there are other appropriate reasons.

Section 108/1 Order not to release temporarily this can be done only if there is reason to believe one of the following reasons:

(1) The accused or defendant will escape;

(2) The accused or defendant will tamper with evidence;

(3) The accused or defendant will cause other dangers;

(4) The person requesting bail or surety is not reliable;

(5) Temporary release will hinder or cause damage to the investigation by the official or legal proceedings in court;

An order not to grant temporary release must show reasons and must inform the accused or defendant and the person requesting temporary release of the said matter in writing as soon as possible.

Section 108/2 In the case where an important witness in the case may be endangered due to the temporary release of the accused or defendant the witness may object to the temporary release. By submitting a complaint to the investigating officer public prosecutor or court, as the case may be.

If there is an objection to the temporary release under paragraph one Let the investigating officer the prosecutor or court, as the case may be, will consider such objection immediately. By having the power to summon people involved on both sides to inquire for consideration and to issue orders as deemed appropriate.

Section 109 In the case where the accused or defendant is found or prosecuted for an offense, the penalty is a maximum of ten years’ imprisonment. If there is a request for temporary release during the investigation or during the consideration of the Court of First Instance the court must ask the investigating officer. Prosecutor or whether the plaintiff will object in any way or not. If the question cannot be asked with reasonable cause, the court may refrain from asking, but the reason must be recorded.

Section 110 In cases where there is a high prison sentence of more than ten years or more. Those who are temporarily released must have insurance. And there may or may not be a guarantee.

In other cases, it may be temporarily released without bail at all, or with release by paying bail to the Thai Court, or with bail and guarantee as well.

Demanding bail or collateral under paragraph one or paragraph two may not be unreasonable for the case and must take into account the various conditions and protective measures used with those temporarily released, in accordance with the criteria, methods, and conditions prescribed in the Ministerial Regulations or regulations of the president of the Supreme Court, as the case may be.

Section 111 When temporarily releasing without any guarantee at all before letting go the accused or defendant must swear or swear that he or she will appear in accordance with the appointment or summons.

Section 112 When temporarily releasing with surety or have insurance and collateral before releasing it to the guarantor or guarantor to sign the insurance contract.

In the insurance contract, in addition to other messages that should be included there must be the following message as well.

(1) The temporarily released person or the surety, as the case may be, will comply with the appointment or summons of the official or court which is temporarily released;

(2) When the contract is breached, the specified amount will be used;

In the insurance contract, obligations or conditions will be specified for the person who is temporarily released or the guarantor must not perform more than is necessary for the case;

Section 113 When the investigator or prosecutor orders temporary release regardless of whether there is bail or bail and surety or not. The temporary release is valid during the investigation or until the accused is ordered to be detained by the court during the investigation or until the court arraigns him but not more than three months from the first day of the temporary release. Whether it is a temporary release by the investigator or the prosecutor In the case where necessary circumstances prevent the investigation from being completed within three months, the temporary release may be extended beyond three months. But not for more than six months.

When the temporary release has ended in accordance with paragraph one. If it is still necessary to continue to control the accused, the accused shall be brought before the court and the provisions of section 87, paragraphs four to nine, shall come into force.

Section 113/1 In the case of the temporary release of an accused person in the investigation stage by placing cash or other securities as collateral, whether to the investigator or the public prosecutor and still haven’t received it back If the accused or defendant wishes to continue requesting temporary release the accused or defendant or a person with an interest may submit a request to the prosecutor or court, as the case may be, requesting that the said property be kept as collateral. When the prosecutor or court deems it appropriate, an order may be granted granting temporary release. It is considered that such cash or securities are collateral in the prosecutor’s or court’s court. It depends on the case. The public prosecutor or court shall notify the investigating officer or public prosecutor, as the case may be, to submit such security to the public prosecutor or court within the time period that the public prosecutor or court deems appropriate.

In the case of temporary release with a person as guarantor or collateral to the investigator or prosecutor If such person requests the public prosecutor or court may hold that person as surety or collateral for temporary release. In such a case the public prosecutor or court will notify the investigator or public prosecutor, as the case may be, to submit documents regarding insurance within a time period deemed appropriate.

Section 114 When granting temporary release with surety and surety as well. Before being released let the person requesting the insurance provide the security as desired.

There are 3 types of collateral:

(1) Have cash placed;

(2) There are other securities placed;

(3) Having a person as collateral by showing securities;

Section 115 By subsequent appearance or because of fraud or misunderstanding It appears that the insurance contract was too low or the collateral was insufficient or the conditions specified are inappropriate. The official or court has the power to order the insurance contract to be changed to a higher amount or call for additional collateral or better than before or change the specified conditions to be more appropriate.

After the temporary release order has been issued if the circumstances of the case change the official or court shall have the power to order a reduction of the security as he deems appropriate.

In the case of temporary release by the court and the case goes to the high court the high court has the power to change the amount of the insurance contract or the conditions set by the lower court as it deems appropriate.

Section 116 Requesting withdrawal of insurance contract or requesting withdrawal of security this can be done when the person making the contract surrenders the accused or defendant to the official or court.

Section 117 When the accused or defendant has fled or will flee administrative officials or police who find such acts shall have the power to arrest the suspect or defendant. But in the case where the person who entered into the insurance contract or acted as collateral witnessed such action. You may ask the nearest administrative official or policeman to arrest the accused or defendant. If unable to request help from officials in a timely manner, then have the power to arrest the accused or defendant himself Then send it to the nearest administrative employee or police and the official shall quickly transport the accused or defendant to the official or court. By charging the cost of the vehicle from the person who entered into the insurance contract or as collateral.

In the case where there is an order to use electronic devices or any other devices under Section 108, paragraph three, against any accused or defendant. If it appears that the said equipment has been destroyed or rendered unusable by any means it is assumed that the accused or defendant has fled or will escape.

If the accused or defendant under paragraph one or paragraph two is a person who is temporarily released by the court, the court may order a court official to notify administrative officials or police to arrest the accused or defendant or if there is a necessary reason that unable to request help from the official in a timely manner then have the power to arrest the accused or defendant and when caught Bring the arrested person to court as soon as possible.

Section 118 When the case is final or the liability under the insurance contract has disappeared according to Section 116 or by any other reason. Return the security to the person who should have taken it.

Section 119 In the case of breach of the insurance contract the court. The court has the power to order enforcement of the insurance contract or as the court deems appropriate without having to file a lawsuit. The court may also order to stop enforcement of the insurance contract or reduce the amount of money required under the insurance contract. Taking into account the bail bondsman’s efforts to track down the fugitive or defendant who escaped including how much damage there is and when the court orders anything, the party forced to contract the insurance contract or the public prosecutor has the power to appeal. The decision of the Appeal Court is final.

Cash or other securities placed with the court as collateral under Section 114 are not subject to seizure or attachment for payment of debts to other creditors until the liability under the security contract is extinguished. Unless the court finds that the creditor’s debt was not caused by fraud and orders the release of said assets.

In cases where legal enforcement is necessary because of breach of the insurance contract under paragraph one. The court shall have the power to issue a writ of execution or any other order to take the property of a person liable under a security contract as if he were a judgment debtor. The appointed court officers and prosecutors shall have the authority and duty to enforce the insurance contract the executing officer of the Legal Execution Department shall have the power and duty to seize or attach the guarantor’s property and auction it off as notified by the court or prosecutor and if the property placed as collateral must be sold to the court, when the court sends property or a certificate for that property to an execution officer, the Legal Execution Department, it is considered that such property has been seized. However, government agencies are not allowed to demand court fees or expenses from the execution operator.

Execution under this section The Civil Procedure Code shall be followed mutatis mutandis. Unless the President of the Supreme Court, with the approval of the general meeting of the Supreme Court, issues regulations specifying otherwise. Such regulations, once published in the Royal Gazette, shall come into force.

Section 119 bis In the case where the court orders not granting temporary release. The requester has the right to file an appeal against the order as follows:

(1) Order of the Appeal Court Instance Appeal to the Appeal Court;

(2) Order of the Appeal Court. Appeal to the Supreme Court;

The Court of First Instance that receives the request for appeal of the order must promptly send the said request along with the documents or a copy of the case document as necessary to the Appeal Court or the Supreme Court, as the case may be, for consideration and ordering as soon as possible.

The order of the Appeal Court not granting temporary release is upheld by the Court of First Instance to be final, but this does not preclude the right to submit a new request for temporary release.

Unofficial Translation by Chaninat and Leeds Thailand Bail Lawyers

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