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- As an Expat in Thailand, if you or a family member is arrested or incarcerated, the support of a qualified international law firm such as TSL & Associates is an important step to regaining freedom and peace of mind.
- The Thailand Criminal Law System has both similarities and differences to the criminal law systems of other countries. In general the Thailand police have a certain degree of discretionary power to make arrests. However in recent years amended constitutional provisions have provided for judicial review of detention and searches made by the Thai police.
- The Thai penal code enumerates a number of criminal offenses which may result in arrest and imprisonment in Thailand. In addition to the Thai penal code there are separate acts and laws which also provide for criminal penalties.
- Normally a criminal case begins with an investigation by the police, investigators from an administrative section of the Thai government or private investigators. Once enough evidence is established to file a criminal case, bail may be requested. Bail amounts and conditions may be different for foreigners than for Thais.
- Thailand does not have jury trails. In a normal criminal trial in Thailand three judges are typically present. Orders of detention are viewed on a periodic basis when a defendant is in the pre-trial custody phase.
- Some Expats in Thailand experience difficulty with the law for a variety of offenses including theft, assault, murder or business offenses, such as fraud and violations of various administrative acts and regulations. More commonly, expats are arrested for drug offenses, visa overstays and visa fraud. Our firm handles most types of criminal cases and we have experienced trial lawyers, fluent in English, and battle hardened court room veterans. Additionally our staff includes an Western lawyers that are experts in issues of international criminal law and matters of extradition.
WHAT IS CRIMINAL LAW
- In Thailand, the Criminal Code defines the following among crimes that are governed under the Thai Criminal Law: Offences relating to causing public dangers, offences relating to documents, offences relating to sexuality, offences against life, offences against body, offences relating to abandonment of children, sick or aged persons, offences relating to liberty of an individual, offences relating to theft and snatching, extortion, blackmail, robbery and gang-robbery, cheating and fraud, criminal misappropriation, receiving stolen property and mischief.
TYPES OF CRIMINAL CASES
- A person accused of a crime is generally charged in a formal accusation called an indictment (for felonies or serious crimes) or information (for misdemeanors). The government, on behalf of the people of the Kingdom of Thailand, prosecutes the case through the Kingdom of Thailand’s Attorney’s Office.
- It is not the victim’s responsibility to bring a criminal case. In a kidnapping case, for instance, the government would prosecute the kidnapper; the victim would not be a party to the action.
- In some criminal cases, there may not be a specific victim. For example, the government may arrest and prosecute people accused of violating laws against driving while intoxicated because society regards that as a serious offense that can result in harm to others.
- When a court determines that an individual committed a crime, that person will receive a sentence. The sentence may be an order to pay a monetary penalty (a fine and/or restitution to the victim), imprisonment, or supervision in the community or some combination of these three things.
DO YOU NEED A LAWYER?
If you need a Lawyer for a any legal matter, big or small, TSL can help you.
Our experienced lawyers (Expats and Thai) have the language and expertise to communicate in Thai on your behalf and successfully obtain the justice that you seek.
TSL Thailand Contact Information:
For more information about applying for a Visa or requesting our Legal Services, please visit the TSL Thailand Contact page.
Or you can contact us by phone:
In Thailand: 087-595-4918 or 02-251-8134