Thailand Criminal Procedure Code Sections 130-147

Title 2

Inquiries

Chapter 1

Ordinary Inquiries

Section 130 An investigation shall be initiated without delay. It will be done anywhere and at any time as you deem appropriate. The accused does not have to be present.

Section 131 Investigating officials shall collect all types of evidence as much as can be done for the purpose of knowing the facts and various circumstances relating to the alleged offense. In order to recognize the perpetrator and prove the guilt or innocence of the accused.

Section 131/1 In cases where it is necessary to use scientific evidence in order to prove the facts under Section 131, the investigative officer shall have the authority to examine the person. Any object or document can be obtained using scientific methods.

In the case of a criminal offense with a maximum prison sentence of more than three years If the verification according to paragraph one It is necessary to collect samples of blood, tissue, skin, hair or fur, saliva, urine, feces, secretions, genetic material or body parts from the accused Victim or related person The responsible investigating officer shall have the authority to authorize a doctor or expert to carry out such examination. But it must be done only as necessary and it is appropriate to use methods that cause the least amount of pain possible. It must not be dangerous to the body or health of that person, and the accused, victim, or person involved must give consent. If the accused or victim does not consent without reasonable cause or the accused or injured person acts to prevent and prevent the person involved from giving consent without reasonable grounds. It shall be initially assumed that the facts are in accordance with the results of the examination which, if verified, would have a negative effect on the accused or the injured person, as the case may be.

Expenses for verification under this section to be paid from the budget according to regulations at the Royal Thai Police. Ministry of Interior Ministry of Justice or the office of the Attorney General, as the case may be, determined with approval from the Ministry of Finance.

Section 132 for the benefit of collecting evidence the investigator shall have the following powers:

(1) Examine the injured person when that person consents or check the identity of the accused or inspect things or things that can be used as evidence Including making photographs, maps or drawings or fingerprint handwriting or footprint and to record all the details which might make the case clearer;

In examining the injured person or the accused under paragraph one If the victim or accused is female arrange for an official who is a woman or another woman to be the inspector, in the case where there is reasonable cause. The victim or the accused may request that any person be present for the examination;

(2) Search to find things which is an offense or obtained through wrongdoing or has used or is suspected of having used it to commit an offense or which may be used as evidence However, the provisions of this Code regarding search must be complied with;

(3) A summons to the person in possession of the thing, which may be used as evidence but the person being summoned does not have to come himself. When the item has been delivered as specified it shall be considered as if the warrant has been complied with;

(4) Seize items discovered or delivered as mentioned in subsections (2) and (3);

Section 133 The investigative officer has the power to issue a summons to summon the injured person or any person who has reasonable grounds to believe that his statement may be beneficial to the case to come at the time and place specified in the warrant and then question that person.

In questioning, the investigator may have the person give an oath or make an oath first and must comply with the provisions of this Code regarding personal witnesses.

Do not allow the investigating officer to give a warning. Discouragement or other tricks are used to prevent someone from giving a statement that they would willingly give.

In sexual offense cases questioning the victim, who is a woman Let the female investigator conduct the investigation. Unless the injured person consents or has other necessary reasons and record such consent or necessity. In this case, the injured person may request any person to be present in the questioning as well.

In the case where it is necessary to arrange for the victim or witness to confirm the identity of the perpetrator during the arrest or identification of the accused in a criminal case to administrative employees or police or the investigating officer arranges for confirmation of the perpetrator or identification of the accused in an appropriate place and can prevent the perpetrator or the accused from seeing the victim or witnesses taking into account the safety of the victim or witness as appropriate to the circumstances of the case. Unless the victim or witness consents and record that consent.

Section 133 bis In sexual offense cases offenses relating to life and body which are not offenses resulting from a skirmish freedom offenses offense of extortion robbery and robbery according to the Criminal Code an offense under the law on prevention and suppression of prostitution. Violations under the law on measures to prevent and suppress trafficking in women and children. Violations according to the law on service establishments or other offenses that carry a prison sentence which the victim or witness who is a child under eighteen years of age requests Interviewing victims or witnesses who are children under eighteen years of age The investigating officer shall conduct the investigation in a separate location appropriate for the child and to have a psychologist or social worker The person the child requests and the prosecutor was present in questioning the child and in the case where the psychologist or social worker deems that the questioning of any child or question It may have a severe impact on the child’s psyche. The investigator shall ask questions through a psychologist or social worker specifically according to the issue of the investigator’s questions. The child is not allowed to hear the questions of the investigator and the child is prohibited from being asked multiple questions without reasonable cause.

It is the duty of the investigating officer to notify the psychologist or social worker. The person the child requests and the prosecutor know including informing victims or child witnesses of their rights under paragraph one.

Psychologist or social worker or the prosecutor who participates in the questioning may be shunned by the victim or child witness. If there is such a case, that person must be replaced.

Under the provisions of Section 139, the questioning of a child under paragraph one The investigative officer shall arrange for a video and audio recording of the said interrogation which can be continually broadcast as evidence.

In cases of extreme urgency and reasonable cause, a psychologist or social worker cannot wait. The person the child requests and the prosecutor can participate in the questioning at the same time. The investigating officer may interrogate the child in the presence of any one of the persons under paragraph one. But the reasons for not being able to wait for another person must be recorded in the investigation file and it shall not be considered that the questioning of the victim or child witness in the said case which has already been done is unlawful.

Section 133 ter In the case where the investigative officer is necessary to arrange for the victim or child witness under eighteen years of age to identify any person. The investigating officer shall arrange for the identification of the person in a place that is appropriate for the child and able to prevent the person who will be identified from seeing the child by having a psychologist or social worker the person the child requests and the public prosecutor is present in identifying that person, Unless there is a necessary reason that a person cannot be found or waited for and the child does not wish to have or wait for such a person any longer, the investigative officer shall also record the said reason in the investigation file.

In the case of identifying the accused who is a child under eighteen years of age The investigating officer shall arrange for the identification to be made in a suitable place for the child and to prevent the accused child from seeing the person to whom the identification is to be made.

Section 134 When the accused is summoned or sent or approaches the investigator himself or it appeared that anyone who came before the investigative officer was the accused. Ask for first name, second name, last name, nationality, parents, age, occupation, address, place of birth, and inform them of the facts regarding the act that the accused has allegedly committed. Then the charges were informed.

Notification of charges under paragraph one there must be reasonable evidence that the person is likely to have committed the offense charged.

The accused has the right to a speedy, continuous and fair investigation.

The investigative officer must give the accused an opportunity to answer the charges and to present facts that are beneficial to him.

When the allegation has been reported if the accused is not the person arrested and an arrest warrant has not yet been issued but the investigative officer is of the opinion that there are grounds to issue a warrant of detention for that person in accordance with Section 71. The investigative officer has the power to order the accused person to go to court immediately to request the issuance of a warrant of detention. But if that time is the time when the court is closed or is about to close. The investigating officer shall order the accused to appear in court on the first opportunity that the court is open. In such a case, Section 87 shall apply mutatis mutandis to the issuance of a detention warrant. If the accused does not comply with the orders of the said investigator the investigating officer shall have the power to arrest the accused. It is considered a case of urgent necessity to arrest the accused without an arrest warrant and has the power to temporarily release or detain the accused.

Section 134/1 In cases with the death penalty or in cases where the accused is not more than eighteen years of age on the date the investigator reports the charges. Before starting to ask for testimony, the investigator should ask the accused person whether he has a lawyer or not. If not, the government will provide a lawyer.

In cases with a prison sentence before starting to ask for testimony, the investigator should ask the accused person whether he has a lawyer or not. If there is none and the accused needs a lawyer Let the government provide a lawyer.

Procurement of a lawyer according to paragraph one or paragraph two the investigating officer shall comply with the criteria, methods and conditions specified in the Ministerial Regulations and the lawyers procured by the government shall receive awards and expenses in accordance with the regulations set forth by the Ministry of Justice with the approval of the Ministry of Finance.

When a lawyer has been procured for the accused under paragraph one, paragraph two, or paragraph three, in case of urgent need, If the lawyer is unable to meet the accused without reporting the problem to the investigating officer or notifying but not coming to meet the accused within a reasonable time Allow the investigating officer to interrogate the accused without having to wait for a lawyer. However, the investigating officer must record the incident in the investigation file as well.

Section 134/2 The provisions of section 133 bis shall apply mutatis mutandis to the investigation of accused persons who are children under eighteen years of age.

Section 134/3 The accused has the right to have his lawyer or a person he trusts listen to his interrogation.

Section 134/4 in asking the accused’s testimony the investigating officer must first inform the accused that

(1) The accused has the right to testify or not. If the accused gives evidence Statements given by the accused may be used as evidence in a trial;

(2) The accused has the right to have his lawyer or a person he trusts listen to his interrogation;

When the accused is willing to give evidence, he or she must record the testimony. If the accused is unwilling to testify at all, it must be recorded.

Any statement given by the accused to the investigator before notification of rights under paragraph one or before proceeding with Section 134/1, Section 134/2 and Section 134/3, evidence cannot be accepted as evidence to prove that person’s guilt.

Section 135 In asking the accused’s testimony Investigators are prohibited from doing or arranging to do anything that involves making promises, threatening, defrauding, torturing, or using force or act in any wrongful manner in order to induce him to give any testimony in the matter to be sought.

Section 136 (repeal)

Section 137 The investigative officer, while working in a house or other place, has the power to order anyone not to leave that place for a necessary period of time.

Section 138 The investigative officer has the power to investigate himself or send the matter for investigation in order to know the background of the life and habitual conduct of the accused. But the accused must be informed of every message received.

Section 139 The investigator shall record the investigation in accordance with the general principles of this Code regarding investigations and shall take the records. Other documents obtained in addition; all documents submitted by other officials investigating the same case were included in the file.

Documents submitted as evidence must be included in the document. If it is another item, make a detailed account and include it in the statement.

For the benefit of following up with witnesses to their court appointments. The investigative officer shall record the names of all witnesses along with their addresses or contact points. Telephone numbers or other channels used to contact those witnesses are kept at the office of the investigating officer.

Section 140 When the investigator responsible for the investigation I see that the investigation is finished. Please manage one of the following:

(1) If it does not appear that anyone has committed the offense and the offense carries a maximum penalty of imprisonment not exceeding three years. Let the investigating officer stop the investigation and record the reasons for abstaining then send the memorandum along with the documents to the prosecutor.

If the maximum penalty is more than three years the investigating officer shall send the file to the prosecutor along with the opinion that the investigation should be suspended.

If the prosecutor orders to abstain or continue the investigation let the investigating officer act accordingly;

(2) If the perpetrator is known the provisions in the following four sections shall apply;

Section 141 If the offender is known but they still haven’t been able to summon or capture them. When the investigation is obtained in any way make an opinion on whether to prosecute or not to prosecute and send it along with the file to the prosecutor.

If the prosecutor agrees that no charges should be ordered end the investigation by ordering no charges and inform this order to the investigating officer.

If the prosecutor sees that the investigation should continue order the investigating officer to do so.

If the prosecutor sees that the prosecution should be ordered then arrange something to get the accused person. If the accused is abroad let the prosecutor arrange to request extradition.

Section 142 If the offender is known and the person is detained or detained or temporarily released or is believed to have been captured when the summons is issued, Let the investigating officer make his opinion according to the investigation report. Whether an order to prosecute or not to prosecute should be sent to the prosecutor along with the documents.

In the case of giving an opinion, an order should be given not to sue. Only submit the documents together with comments to the prosecutor. As for the accused person, the investigating officer has the authority to release or temporarily release him. If the accused is imprisoned request it yourself or ask the prosecutor to request the court to release it.

In the case of presenting an opinion, a lawsuit should be ordered. The investigating officer shall send the file together with the accused to the prosecutor. Unless the accused is already imprisoned or the accused who has been charged has fled.

But if it’s a mistake which the investigating officer can compare and the offender has complied with that comparison. Keep a record of the comparison. Then send it to the prosecutor along with the documents.

Section 143 upon receipt of opinions and statements from the inquiry official as mentioned in the preceding section. The prosecutor shall do the following:

(1) In the case where there is an opinion that an order should not be filed give an order not to sue but if you don’t agree Then order a lawsuit and inform the investigating officer to send the accused to continue the lawsuit;

(2) In the case where there is an opinion that a lawsuit should be ordered Issue an indictment order and sue the accused in court if they do not agree. Then give an order not to sue

In any of the above cases the prosecutor has the power;

(a) Order as you see fit the investigating officer shall conduct additional investigations or send any witnesses to be questioned for further orders;

(b) Decide whether the accused should be released; temporarily release, restrain, or request the court to imprison, as the case may be, and manage or order accordingly;

In a murder case in Thailand, where the deceased was killed by an official who claimed to be performing his duty or died while in the custody of officials claiming to be performing their official duties. Only the Director-General of the Public Prosecution Department or his acting representative has the authority to issue an order to prosecute or not to prosecute.

Section 144 In the case where the public prosecutor orders prosecution If the offense is an offense which can be compared If deemed appropriate, the prosecutor has the following powers:

(1) Order the investigator to try to compare the cases. Instead of sending the accused to the prosecutor;

(2) When the accused person has been sent to the public prosecutor ordered to send the accused along with the documents back to the investigating officer to try to compare the cases or, if it is deemed appropriate, you may order another investigator with authority to arrange a comparison;

Section 145 In the case where there is an order not to sue and that order did not belong to the Director-General of the Public Prosecution Department If in Bangkok, Thonburi Quickly send the investigation report along with the order to the Director-General of the Police Department. Deputy Chief of Police or Assistant Director General of the Police Department If in other provinces, immediately send the investigation report along with the order to the provincial governor. However, this does not take away the power of the prosecutor to take any action against the accused as provided in Section 143.

In the case of the Director General of the Police Department Deputy Director General of the Police Department or Assistant Director General of the Police Department in Bangkok, Thonburi or the provincial governor in another province contradicts the prosecutor’s order. The file and conflicting opinions must be sent to the Director-General of the Public Prosecution Department for decision. But if the case is about to expire or other reasons necessitate the filing of a lawsuit immediately. The case should be prosecuted according to the opinion of the Police Chief. Deputy Chief of Police Assistant Director General of Police or the provincial governor first.

Provisions in this section It shall be enforced when the prosecutor appeals, appeals, or withdraws the case. Withdraws the appeal and withdraws the appeal mutatis mutandis.

Section 145/1 For investigations that are under the responsibility of police officers in cases where there is an order not to prosecute and that order is not an order of the Attorney General. If in Bangkok, immediately submit the investigation report along with the order to the Royal Thai Police Commissioner. Deputy Commissioner of the Royal Thai Police or Assistant Commissioner of the Royal Thai Police If in other provinces, immediately submit the investigation report along with the order to the commander or deputy commander. who is the supervisor of the responsible investigating officer. However, this does not take away the prosecutor’s power to take any action against the accused as provided in Section 143.

In the case of the Commissioner of the Royal Thai Police Deputy Commissioner of the Royal Thai Police Assistant Commissioner of the Royal Thai Police in Bangkok or the commander or deputy commander who is the commander of the responsible investigator in another province contradicts the prosecutor’s order to send the file along with the conflicting opinion to the attorney general for decision. But if the case will expire or other reasons necessitate the need to sue quickly. Then prosecute the case according to the opinion of the Commissioner of the Royal Thai Police. Deputy Commissioner of the Royal Thai Police Assistant Commissioner of the Royal Thai Police Commander or Deputy Commander, as the case may be, first.

Provisions in this section shall be enforced when the prosecutor appeals, appeals, or withdraws the case, withdraws the appeal, and withdraws the appeal mutatis mutandis.

Section 146 The absolute order not to prosecute shall be informed to the accused and the complainant. If the accused is controlled or imprisoned arrange for their release or request the court to release them, as the case may be.

When the public prosecutor has issued a final order not to prosecute, the injured person, accused, or interested party has the right to request the public prosecutor to obtain a summary of the evidence together with the opinions of the investigator and public prosecutor in ordering the case, within the statute of limitations for filing a lawsuit.

Section 147 When there is an absolute order not to prosecute, there shall be no further investigation concerning that person regarding the same matter. Unless new evidence is obtained that is important to the case which should allow the court to punish the accused

Paragraph two (the council did not approve)

 

The English language translation is provided for research and educational purposes only. 
Persons with legal problems in Thailand are advised to contact a licensed lawyer,

Thailand Attorneys

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