Criminal Matters
A criminal case is a lawsuit brought by a prosecutor employed by the local government which charges a person with the commission of a crime, or by an individual who claims to have been damage by a criminal act. The claims are usually made to the police at a police station. On Thailand, criminal cases are divided into two categories
1. Criminal cases that cannot be compromised or settled are initiated by government prosecutor. These are criminal cases that affect the public peace or cause harm to society, the security of the country, are a threat to life or physical well being, or to public or personal property. Included are other serious crimes such as dealing drugs, deforestation, illegal gambling, and corruption
2. Criminal cases that can be compromised. These are criminal cases that do not affect the public peace. They are offenses that affect and individual or a group of individuals. Some of these criminal cases include trademark infringement, defamation by slandering or libel, revealing trade secrets, committing fraud, cheating a creditor, embezzlement, trespassing, rape, molestation, copyrights matters, etc. The victim must personally file a complaint within the three-month statute of limitations, which runs from the date of acknowledgment (knowing) of the crime and the recognition of the suspect
For case that can be compromised, a representative can file a complaint for the victim if the victim is a minor, disabled person, legal entity, or juristic person. If the victim is dead or injured, parents, children, or spouse can file a complaint on the victim’s behalf.
Criminal Procedures And Court Stages
When a criminal act is reported, the following procedures normally take place:
1. Investigation Stage
The police will conduct the initial investigation, interview witnesses, collect evidence, and issue a police report. By law, the police have the power to perform the following:
• Look for suspects, compile evidence, and question witnesses.
• Upon receipt of a subpoena – search a person or a location to look for witnesses and evidence and to arrest suspects. There are some exceptions to the subpoena requirement – for example, in very serious matters of situation of life and death.
• Issue subpoenas to witnesses and suspects.
• Confiscate items that can be used as evidence.
• Place a suspect in custody for investigation.
• Allow a suspect to post bail during the investigation.
Scope OF Power For Criminal Investigators:
• For misdemeanors or lesser offenses, police officers or investigators may confine the suspect only as long as the questioning session lasts. Questions that may be asked are basic identity questions such as who they are and where they live.
• Police and investigators are prohibited from confining a suspect for more than 48 hours. The time begins when a suspect is brought to the police station. When necessary the time period may be extended to not more the three days.
• If it is necessary to confine a suspect for more then three days, the case must be sent to court for consideration. The court will do one of the following three things:
a. If it is a criminal offense and the punishment for the crime will result in jail time of less than six months and with less than a 500 baht fine, the court will order the suspect to be held only once for no more than seven days.
b. If it is a criminal offense and the potential sentence is more than six months in jail but less than ten years and with more than a 500 baht fine, the judge has the power to order the suspect be held on several separate occasions. Each period can be up to twelve days. These multiple confinements cannot exceed 48 days.
c. If it is a criminal offense and the jail sentence could be longer than ten years, the judge has the power to order several periods of custody of up to twelve days each, but not more than 84 day in total.
After the investigating officer has gathered evidence and witnesses for the case, he will summarize it in a report and then do one of the following:
• Stop the investigation if there is no suspect.
• Determine that the case should not be prosecuted. If the suspect is in the custody of the investigating officer, he will released. If the suspect is in the custody of the court, the officer will request the court release the suspect.
• Determine that the case should be prosecuted and submit the investigation report to the prosecutor for further legal procedures.
If is a criminal case that can be compromised in the investigative stage, such as embezzlement or fraud between individuals, the victim can withdraw the complaint and the investigating officer has the power to fine the accused for the amount provided by law.
Criminal Matters
A criminal case is a lawsuit brought by a prosecutor employed by the local government which charges a person with the commission of a crime, or by an individual who claims to have been damage by a criminal act. The claims are usually made to the police at a police station. On Thailand, criminal cases are divided into two categories
1. Criminal cases that cannot be compromised or settled are initiated by government prosecutor. These are criminal cases that affect the public peace or cause harm to society, the security of the country, are a threat to life or physical well being, or to public or personal property. Included are other serious crimes such as dealing drugs, deforestation, illegal gambling, and corruption
2. Criminal cases that can be compromised. These are criminal cases that do not affect the public peace. They are offenses that affect and individual or a group of individuals. Some of these criminal cases include trademark infringement, defamation by slandering or libel, revealing trade secrets, committing fraud, cheating a creditor, embezzlement, trespassing, rape, molestation, copyrights matters, etc. The victim must personally file a complaint within the three-month statute of limitations, which runs from the date of acknowledgment (knowing) of the crime and the recognition of the suspect
For case that can be compromised, a representative can file a complaint for the victim if the victim is a minor, disabled person, legal entity, or juristic person. If the victim is dead or injured, parents, children, or spouse can file a complaint on the victim’s behalf.
Criminal Procedures And Court Stages
When a criminal act is reported, the following procedures normally take place:
1. Investigation Stage
The police will conduct the initial investigation, interview witnesses, collect evidence, and issue a police report. By law, the police have the power to perform the following:
• Look for suspects, compile evidence, and question witnesses.
• Upon receipt of a subpoena – search a person or a location to look for witnesses and evidence and to arrest suspects. There are some exceptions to the subpoena requirement – for example, in very serious matters of situation of life and death.
• Issue subpoenas to witnesses and suspects.
• Confiscate items that can be used as evidence.
• Place a suspect in custody for investigation.
• Allow a suspect to post bail during the investigation.
Scope OF Power For Criminal Investigators:
• For misdemeanors or lesser offenses, police officers or investigators may confine the suspect only as long as the questioning session lasts. Questions that may be asked are basic identity questions such as who they are and where they live.
• Police and investigators are prohibited from confining a suspect for more than 48 hours. The time begins when a suspect is brought to the police station. When necessary the time period may be extended to not more the three days.
• If it is necessary to confine a suspect for more then three days, the case must be sent to court for consideration. The court will do one of the following three things:
a. If it is a criminal offense and the punishment for the crime will result in jail time of less than six months and with less than a 500 baht fine, the court will order the suspect to be held only once for no more than seven days.
b. If it is a criminal offense and the potential sentence is more than six months in jail but less than ten years and with more than a 500 baht fine, the judge has the power to order the suspect be held on several separate occasions. Each period can be up to twelve days. These multiple confinements cannot exceed 48 days.
c. If it is a criminal offense and the jail sentence could be longer than ten years, the judge has the power to order several periods of custody of up to twelve days each, but not more than 84 day in total.
After the investigating officer has gathered evidence and witnesses for the case, he will summarize it in a report and then do one of the following:
• Stop the investigation if there is no suspect.
• Determine that the case should not be prosecuted. If the suspect is in the custody of the investigating officer, he will released. If the suspect is in the custody of the court, the officer will request the court release the suspect.
• Determine that the case should be prosecuted and submit the investigation report to the prosecutor for further legal procedures.
If is a criminal case that can be compromised in the investigative stage, such as embezzlement or fraud between individuals, the victim can withdraw the complaint and the investigating officer has the power to fine the accused for the amount provided by law.
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