Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1180

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1080


Section106.A motion for provisional release of an alleged offender or accused without bail, or with bail, or with bail and security, can be submitted by the alleged offender, or accused, or interested person in the following manners, whether or not he is being under custody or detention by virtue of a court warrant:

(1)when the alleged offender is being under custody and has not yet been charged before the court, it shall be submitted to an inquiry official or public prosecutor, as the case may be;

(2)when the alleged offender is being under detention by virtue of a court warrant and has not yet been charged before the court, it shall be submitted to such court;

(3)when the alleged offender has been charged already, it shall be submitted to the court of first instance addressing his case;

(4)in the course of an appeal or final appeal, it may be submitted to the court of first instance having addressed the case or may be submitted to the appellate court or Supreme Court of Justice.

Section107.Upon receipt of a motion for provisional release, the official or court shall give an order thereon with dispatch, using the criteria under the following six sections.

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