Thailand Criminal Procedure Code Sections 120-129

PART  2

INQUIRIES

Title 1

General Rules

Section 120 Prohibits the public prosecutor from filing any case with the court without having investigated the offense first.

Section 121 The investigative officer has the power to investigate all criminal cases.

But if it is a personal offense case no investigation shall be conducted unless there is a complaint in accordance with regulations.

Section 122 The investigating officer may not conduct an investigation in the following cases:

(1) When the injured person asks for help but refused to file a complaint according to regulations;

(2) When the injured person files a lawsuit on his own without filing a complaint first;

(3) When there is a letter of accusation in the form of an affidavit or the person who accuses with his mouth refuses to tell who he is or refusing to sign the accusation or record the accusation;

Section 123 The injured person may file a complaint with the investigator.

The complaint must include the name and address of the complainant. Nature of the offense various circumstances in which the offense was committed the damage received and the name or description of the perpetrator as far as we can tell.

This complaint can be made in writing or orally. If it is in writing, it must contain the date and signature of the complainant. If you sing with your mouth let the investigating officer record it. Date and sign the recorder and the complainant in the record.

Section 124 The injured person may file a complaint with an administrative official or police. Whose position is subordinate to or above the investigating officer and who is responsible for maintaining peace and order according to law.

When a complaint letter is submitted to the official as mentioned above hurry and send it to the investigating officer and what records may be kept for the benefit of the investigating officer.

When there is an oral complaint, arrangements must be made for the injured person to meet with the investigative officer to record the complaint as provided in the previous section. In case of urgency, the official may take notes himself. But then hurry and send it to the investigating officer and what records may be kept for the benefit of the investigating officer.

Paragraph four (cancelled)

Section 124/1 The provisions of Section 133 bis, paragraph one, paragraph two, and paragraph three shall apply mutatis mutandis to the recording of a complaint in a case where the injured person is a child not exceeding eighteen years of age. Unless there is a necessary reason It is not possible to find or wait for a psychologist or social worker, a person requested by the child, and a public prosecutor and the child does not wish to have or continue to wait for the said person. The person receiving the complaint under Section 123 or Section 124, as the case may be, shall record the said reason in the complaint record as well.

Section 125 When the investigating officer or an administrative or police official has investigated or investigated all or any part of the matter in response to a request for assistance, it shall be the duty of that official to handle the complaint in accordance with regulations. According to the provisions of Sections 123 and 124

Section 126 At what stage will the complainant resolve his complaint or withdraw the complaint at any time.

In a case which is not a personal offense withdrawal of such a complaint does not take away the power of the investigator to investigate or the prosecutor who will prosecute that case.

Section 127 The provisions of sections 123 to 126 shall apply mutatis mutandis in matters of accusation.

The official who is responsible for receiving accusations may not record accusations in the following cases:

(1) When the denunciator refuses to disclose his identity;

(2) When the accusation is an affidavit;

The accusation was recorded but the accuser refused to sign it. The official receiving the accusation may not deal with the accusation.

Section 128 The investigative officer has the power to appoint other officials to act on his behalf as follows:

(1) Any matter in the investigation is outside his jurisdiction. Has the power to refer issues to investigators. This has the authority to do so;

(2) What is a minor matter in the investigation which is within their jurisdiction either do it yourself or manage it according to the issue has the power to order subordinates to act on his behalf. However, when this legal Code or other laws do not specifically specify what to do on your own;

Section 129 requires an investigation including an autopsy. In the case where death is the result of a criminal act as provided in this legal Code regarding autopsies. If the autopsy has not been completed It is forbidden to sue the accused in court.

Unofficial Translation by Chaninat and Leeds Thailand Attorneys

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