Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1157

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1057

imprison, or search a private place for a person or article, a criminal warrant must be issued.

A person detained or imprisoned by virtue of a court warrant can only be released when there is a warrant of release from a court.

Section58.The following officials and courts have the power to issue criminal warrants within their jurisdiction:

(1)superior administrative or police officials, for warrants of arrest of alleged offenders who are not subject to the power of a court;

(2)courts, for warrants of arrest of alleged offenders or accused who are subject to the power of a court;

(3)courts or superior administrative or police officials, for warrants of search;

(4)courts, for warrants of detention, imprisonment, or release.

Section59.An official or court that has the power to issue a warrant of arrest, warrant of search, or warrant of detention may issue such warrant proprio motu or upon a request.

In the event that there is a request, the official or court issuing the warrant must perform prior scrutiny to ensure that there is an appropriate reason for issuance thereof.