Thailand Criminal Procedure Code Sections 28-39
Title 3
Criminal Prosecutions and Penal Actions
Chapter 1
Criminal Prosecutions
Section 28 These persons have the power to file criminal cases in Thailand court.
- The Prosecutor;
- The injured person;
Section 29 When the injured person has filed a lawsuit and dies, the parents, descendants, husband or wife may continue the case against the deceased.
If the victim who dies is a minor, an insane person, or an incapacitated person which the legal representative the guardian or representative for the case has already filed a lawsuit on behalf of him. The person suing on behalf of him may proceed with the case.
Section 30 Any criminal case that the public prosecutor has filed with the court The injured party may submit a request to join as a plaintiff at any stage during the consideration before the Court of First Instance adjudicates the case.
Section 31 Criminal cases that are not personal offenses filed by the injured party the prosecutor may submit a request to join as a plaintiff at any stage before the case is completely finished.
Section 32 When the prosecutor and the injured person are joint plaintiffs If the prosecutor sees that the victim will damage the prosecutor’s case By doing or refraining from doing anything in the proceedings. The public prosecutor has the power to petition the court to order the injured person to do or refrain from doing that particular thing.
Section 33 The same criminal case which both the public prosecutor and the victim have filed suit in the same court of first instance or different courts, the respective courts have the power to order that they be considered as one case. When the court approves it arbitrarily or by the plaintiff filing a petition at any stage before the judgment is given?
But there cannot be such an order. In addition to receiving the consent of that other court first
Section 34 An order not to file a lawsuit does not deprive the injured person of the right to file a lawsuit on his own.
Section 35 A request to withdraw a criminal case may be submitted at any time before the judgment of the Court of First Instance is issued. The court may issue an order allowing or not allowing the withdrawal. It is up to the court to see what is appropriate. If the request is filed later when the defendant has given his defense, ask the defendant whether he will object or not. Then have the court record the defendant’s statement. In the case where the defendant objects to the withdrawal of the lawsuit the court shall dismiss the request to withdraw the lawsuit.
Personal offense cases the case may be withdrawn or compromised at any time before the case becomes final. But if the defendant objects the court shall dismiss the request to withdraw the lawsuit.
Section 36 Criminal cases which have been withdrawn from the court will not be able to sue again unless it falls within the following exceptions
(1) If the public prosecutor has filed a criminal case which is not a personal offense and has withdrawn that case. This withdrawal does not deprive the injured party of the right to file a new lawsuit;
(2) If the public prosecutor withdraws the case which is a personal offense without the written consent of the victim The withdrawal does not deprive the injured party of the right to file a new lawsuit;
(3) If the injured person has filed a criminal complaint and has withdrawn that lawsuit. This withdrawal does not deprive the prosecutor of the right to re-file the case. Except for cases which are personal offenses;
Section 37 Criminal cases can be settled as follows:
(1) In the case there is only a fine. When the offender agrees to pay a high fine for that offense to the official before the court considers it;
(2) In the case of a petty offense or an offense with a penalty not higher than that of a petty offense or other cases which are punishable by a fine not exceeding ten thousand baht or an offense against tax laws which is punishable by a fine not exceeding ten thousand baht. When the accused pays the fine as the investigating officer has already compared;
(3) In the case of a petty offense or an offense with a penalty not higher than that of a petty offence or cases which are punishable by a fine not exceeding ten thousand baht. This occurs in Bangkok when the accused pays a fine as determined by the local police officer from the rank of inspector and above or commissioned police officers working in that position have already compared;
(4) In cases which can be compared according to other laws when the accused has paid the fine according to the official’s comparison;
Section 38 Offenses according to subsections (2), (3) and (4) of the preceding section. If the official mentioned in that section is of the opinion that the accused person should not be punished with imprisonment to have the power to compare as follows
(1) Specify the fine to be paid by the accused. If the accused and the victim agree to do so. When the accused person has paid the fine in the amount specified by the official within a reasonable time but not more than fifteen days. That case is completely finished;
If the accused does not consent to the comparison or when consent is given Failure to pay the fine within the time specified in the preceding paragraph. Let the prosecution continue.
(2) In the case of compensation if the victim and the accused agree to compare let the officials estimate the amount as they see fit or as agreed upon by the parties;
Section 39 The right to bring a criminal case is suspended as follows:
(1) By the death of the offender;
(2) In cases of personal offenses when the complaint was withdrawn withdraw the lawsuit or compromise according to the law;
(3) When the case is dissolved according to section 37;
(4) When there is a final verdict on the offense which has been charged;
(5) When a law is enacted after the commission of an offense to abolish such offence;
(6) When the case expires;
(7) When there is a law exempting punishment;
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