Thailand Criminal Procedure Code Sections 71-76
Part 4
Warrants of Detention, Imprisonment or Release
Section 71 When the accused or defendant has been obtained at what stage during the investigation inquiry into the cause of action or consideration the court may issue a warrant of detention for the accused or defendant under Section 87 or Section 88 and the provisions of Section 66 shall apply mutatis mutandis.
The detention warrant remains valid until the court revokes it by issuing a release or imprisonment warrant instead.
If it appears to the court that the accused or defendant is less than eighteen years or is a pregnant woman or has just given birth for less than three months or an illness which, if imprisoned, would be life-threatening The court may not issue a warrant of detention or may issue a warrant of release of the accused or defendant who is detained. However, this does not prevent the court from ordering that person to be under the care of an official or a person who agrees to receive that person or determine any method to prevent escape or damage that may occur. If the court issues such an order during the investigation it shall be valid for no more than six months from the date of the order. But if there is an order during the preliminary investigation or consideration can be used until the consideration is completed. If after the court orders the accused or defendant has not complied with the prescribed procedures or the circumstances have changed. The court has the power to change the order or consider issuing a detention warrant as it deems appropriate.
Section 72 A warrants for the release of an accused or defendant who is detained under a court warrant to be removed in the following cases:
(1) When the court orders temporary release;
(2) When the prosecutor or investigator asks the court to release He saw that there was no need to imprison him during the investigation;
(3) When the public prosecutor requests to the court that the investigation has ended by order not to prosecute the accused;
(4) When the prosecutor fails to file charges against the accused within the time specified by the court;
(5) When the court inquiries into the basis of the lawsuit and finds that the case has no basis and orders the dismissal of the lawsuit. Except when the plaintiff requests and the court sees fit to detain the defendant while there is an appeal to the Thailand Supreme Court;
(6) When the plaintiff withdraws the lawsuit or there is a compromise in a personal offense case or when the court considers and decides or orders to dismiss the case unless the court sees fit to imprison the defendant while appealing the Supreme Court;
(7) When the court sentences the defendant to a punishment other than the death penalty. Imprisoned or kept within a designated area if the other penalty is a fine, the defendant has already paid the fine or the court grants temporary release with a specified date to allow the defendant to find money to pay the fine to the court;
Section 73 Any case is in the process of being appealed to the Supreme Court. If the defendant has been detained or imprisoned for an amount equal to or exceeding the term of imprisonment or the term of imprisonment in lieu of the judgment let the court issue a warrant to release the defendant. Unless otherwise deemed appropriate in the case where the plaintiff appeals to the Supreme Court in a request to increase the penalty.
Section 74 Subject to Sections 73 and 185, paragraph 2, when any person is sentenced to imprisonment or death, or must be imprisoned in lieu of a fine. The court shall issue the imprisonment warrant.
Section 75 When the person sentenced to imprisonment has completed his term of imprisonment, or received a royal pardon and release or there is a decision to be released with conditions or there is a law exempting the punishment or the imprisonment has expired for other reasons, the court shall issue a warrant to release that person.
Section 76 Warrant of detention, warrant of imprisonment or release must be conducted such warrant without delay.
| <<< Previous Page — Next Page >>> |
| Back to Main Index |
