We have a staff of qualified licensed English speaking lawyers with years of experience in Thai Law for more than 30 years. Our team includes lawyers who have worked in senior government positions and have trained in the United States with one Thai lawyer having a Masters of Law from the U.S.
AAA specializes in both Criminal and Civil Law. Our civil litigation practice involves everything from contract and other business or financial disputes, to personal injury cases to intellectual property matters. AAA provides a full range civil litigation service. Our first goal is to resolve disputes through negotiation but our lawyers are well prepared to bring our clients’ cases before the courts of Thailand.
Many of our cases are referred to us by various Embassies in Thailand who have confidence in our ability to handle difficult situations effectively and confidentially. Many of these referrals involve representations of foreign visitors who have be arrested for drug possession or other similar criminal matters.
We have developed a unique understanding and expertise for this fascinating country’s customs, laws and traditions. This understanding enables us to provide our clients with sound, professional advice to achieve the best possible results.
Reference – Criminal Laws in Thailand
CHAPTER I
PROSECUTION OF CRIMINAL CASES
Section 28.- The following persons are entitled to institute the criminal
prosecution in the Court.
( 1 ) The Public Prosecutor ;
( 2 ) The injured person.
Section 29.- Where an injured person dies after having instituted a prosecution,
his ascendant, descendant, husband or wife may proceed with the case in his stead.
Where the injured person, who is a minor, a person of unsound mind or an
incompetent person dies after criminal prosecution has been instituted on his behalf
by his legal representative, custodian or representative ad litem, the latter may
proceed with the case.
Section 30.- In the criminal prosecution to be instituted by the Public
Prosecutor, the injured person may apply by the motion to associate oneself as the
prosecutor at any of stages of the proceedings before the pronouncement of judgment
of the Court of First Instance.
Section 31.- The criminal case of the non-compoundable offence is instituted
by the injured person. The Public Prosecutor may file a motion to associate himself as
the prosecutor at any time before the case is finally settled.
Section 34.- The non-prosecution order dose not prejudice the right the injured
person to enter an action by oneself.
Section 45.- Even though any of cases to have been instituted in the criminal
case dose not prejudice the right of the injured person to bring a civil case.
CHAPTER I
SUMMONSES
Section 52.- When a person is required to a appear before an inquiry official,
or a superior administrative or police official, or a Court in connection with an
inquiry, preliminary examination, trial or any other matters in a accordance with the
provisions of this Code, such person shall be served with a summons issued by the
inquiry official or superior administrative or police official or the Court, as the case
may be.
However, in case of an inquiry official, or superior administrative or police
official conducts the inquiry in person, such official shall have the power to require
the attendance of the alleged offender or witness without serving a summons on such
person.
PART II
WARRANT OF ARREST
“Section 66.- The cause will be issued the arrested warrant as follows :
( 1 ) When there is the evidence as may by reasonable to anyone likely to have
committed the criminal offence to have the rate of maximum imprisonment exceeding
three years or ;
( 2 ) When there is the evidence as may be reasonable to anyone likely to have
committed the criminal offence and there is cause as may be suitable to be believed
that one will evade or go and get involved in the evidence or cause the danger else ;
If such person in default of fixed place of residence or dose not come as summon
or date without reasonable excuse, it shall be presumed that such person will evade.”
PART III
WARRANT OF SEARCH
Section 69.- The grounds, upon which a warrant of search may be issued, are as
follows :
( 1 ) To discover and seize any article which may be used as evidence in the
course of an inquiry, preliminary examination or trial ;
( 2 ) To discover and seize any article the possession of which is an offence, or
which has been unlawfully obtained or which is reasonable suspected to have been
used or intended to be used for committing an offence ;
( 3 ) To discover and rescue any person who is wrongfully restrained or
confined ;
( 4 ) To discover any person against whom a warrant of arrest has been issued ;
( 5 ) To discover and seize any article according to the judgment or order of a
Court, in case of such discovery or seizure cannot be otherwise effected.
PART IV
WARRANT OF DETENTION
IMPRISONMENT AND RELEASE
“Section 87.- The arrested person shall be prohibited to be superintended in
excess of necessity in accordance with circumstances of case ;
In case of petty offence, the arrested person will be superintended as far as the
time when one’s plea will be asked and one will be known as whom and where is
one’s place only ;
In case of the arrested person is not released for the time being and has the
necessity for inquiry or action, the arrested person shall be arraigned within forty
eight hours as from the time of the arrested person taken to the inquiry official-house
under Section 83, unless there is the act of god or unavoidable necessity, the inquiry
official or Public Prosecutor shall fine a request with the Court to summon the warrant
detaining the alleged offender, the Court shall ask the alleged offender that there
will be any plea or not, and the Court may summon the inquiry official or Public
Prosecutor for notifying the necessity or may summon the evidence in corroboration
of trial ;
In case of the criminal offence committed punishable with maximum
imprisonment not out of six months or to be fined not exceeding five hundred Bath
or both, the Court is empowered to grant one successive remand designed not out of
seven days ;
In case of the criminal offence punishable with maximum imprisonment as from
ten years upwards, there will be fine-punishment as or not, the Court is empowered
to grant several successive remands, but one time must be the term not out of twelve
days and the total times must be not out of forty eight days ;
In case of the criminal offence punishable with maximum imprisonment as from
ten years upwards, there will be fine-punishment or not, the Court is empowered to
grant several successive remands, one time must be the term not out of twelve days
and the total times must be not out of eighty four days ;
In case of paragraph 6, when the Court has granted the remands as plenary forty
eight, if the Public Prosecutor or inquiry official files a petition with the Court in
order to detain thenceforward by purporting necessity, the Court will grant the remand
thenceforward upon the Public Prosecutor or inquiry official has showed the necessity
and brought the evidence let the Court inquiry up to the satisfaction of the Court ;
In inquest in accordance with paragraph 3 and 7, the alleged offender is entitled
to name one’s lawyer to make a plea and examine the witness. If the alleged offender
dose not have lawyer on account of there has not been the compliance with Section
134/1, and the alleged offender makes a request, the Court shall name lawyer by such
lawyer is entitled to receive gratuity and expense as designated by Section 134/1 of
paragraph 3 mutatis mutandis ;
If the inquiry official has to go to make the inquiry in the other locality outside
territorial jurisdiction granting the remand to the alleged offender, the inquiry official
may file the request to transfer the detention to the Court of locality able to go to
inquiry, when the Court granting the remand deems expedient, it shall be transferred.”
“Section 134/3.- The alleged offender is entitled to let the lawyer or the person
as trusted by oneself to hear interrogation of oneself.”
“Section 134/4.- In asking the alleged offender’s answer, the inquiry official
shall notify the alleged offender before that :
( 1 ) The alleged offender is entitled to make a statement or not. If the alleged
offender makes a statement, such sayings as made by the alleged offender may
exercise as evidence to try a case ;
( 2 ) The alleged offender is entitled to let the lawyer or the trusted person
hearing the interrogation of oneself;
When the alleged offender is willing to make any statement, such plea shall be
noted. If the alleged offender is not willing to make any statement at all, it shall be
noted;
Any of saying, given by the alleged offender in the respect of the inquiry official
before having the notice of right according to paragraph 1 or before proceedings
under Section 134/1, Section 134/2 and Section 134/3, will not be able to admit as
evidence in proof of such person’s offence.”
