If you’re in Thailand, it’s important to understand the Thai Criminal Code. Not knowing the law is never an excuse and you should learn about the particularities of the criminal Law in Thailand.
by Sebastien H. Brousseau, LL.B, B.Sc., Manager of ThaiLawOnline.com
The Thai Criminal Code
The Thai Criminal Code, also known as the Penal Code, is the main law governing criminal offences in Thailand. The current Penal Code was enacted in 1908 and has since been amended several times.
The Penal Code covers a wide range of criminal offences, including theft, assault, rape, and murder, among others. It also outlines the punishment for these crimes, ranging from fines to imprisonment, and even the death penalty in some cases. However, you should know that there might be hundreds and hundreds of laws that describe infractions so it is not only th criminal law.
Types of Criminal Offences in Thailand
There are two main categories of criminal offences in Thailand: misdemeanours and felonies. Misdemeanours are less serious crimes and are punishable by fines or prison sentences of up to five years. Felonies, on the other hand, are more serious crimes and can be punished by imprisonment, fines, or even the death penalty.
Some of the most common criminal offences in Thailand include:
Theft
Assault
Sexual assault and rape
Trafficking of drugs or weapons
Murder
Defamation is still criminal in Thailand and Lésé Majesté is a serious infraction. People cutting some particular trees or grabbing mushrooms in forest can also be punished hardly by the system. Driving under the influence, or what is called « DUI in Thailand » is also a crime.
Punishment for Criminal Offences in Thailand
The punishment for criminal offences in Thailand varies depending on the severity of the crime. Misdemeanours are usually punished with fines or prison sentences of up to five years. Felonies, on the other hand, can be punished with imprisonment, fines, or even the death penalty.
The death penalty is still present in Thailand, although it is rarely used. It is mainly reserved for cases of murder or drug trafficking, and the decision to impose the death penalty is usually made by the court.
In addition to these punishments, offenders may also be required to pay compensation to their victims or their families. This compensation is usually paid in cases of theft and assault. There is no jury in Thailand and offenders must be proven guilty beyond the reasonable doubt, and that they had the intention to commit the crime if the crime is a crime thst we classify as « mens rea » (guilty intention like in a murder. But if the person did not have the intention and acted on negligence, it could be different).
Legal Process in Thailand
The legal process in Thailand can be a lengthy and complex process, especially for foreigners who are not familiar with the Thai legal system. The process starts with an investigation by the police, who gather evidence and question witnesses. Then police has normally 84 days to make an investigation. Serious offenders might be directly put in jail and can request bail very 12 days during that time. The police can also decide to let the suspect in liberty and they often have kind of meetings of mediation between the victim and the defender. If there is enough evidence, the police will send the case to the prosecutor’s office, who will decide whether to charge the suspect. The suspect or offender should be present wt each hearing and they will ask him or her at th beginning if he or she pleads guilty.
There is a system of private complain where you can bypass the police and directly asked a judge during a kind of preliminary investigation to verify if there is enough evidence to charge a person.
If the suspect is charged, they will have to go through a trial. Trials in Thailand are usually conducted by a panel of judges, and in some cases, a jury. The defendant has the right to a lawyer, and if they cannot afford one, the court will appoint one for them.
Once the trial is over, and if the defendant is found guilty, they will be sentenced by the court. The defendant can appeal the decision, which can result in a retrial. There are no hearing for appeal: it is done only by submitting documents and the judges decide. Appeals can take years and a defendant can also ask bail during the appeal.
Conclusion
Understanding the Thai Criminal Code and the legal process in Thailand is essential, especially if you are a foreigner living or traveling to Thailand. It’s best to stay informed about the country’s laws and regulations to avoid getting into legal trouble while in Thailand.
links:
- An overview of criminal law in litigation Thailand (by Tilleke Gibbins)
