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Public Prosecution Organ and Public Prosecutors Act, BE 2553 (2010)

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Seal of the Royal Command of Thailand


Public Prosecution Organ and Public Prosecutors


Act,


BE 2553 (2010)




Bhumibol Adulyadej, R.


Given under our Hand this 3rd Day of December, BE 2553 (2010);


Being the 65th Year of our Reign.



Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to bring into existence a law on public prosecution organ and public prosecutors;

And whereas it is aware that this Act contains certain provisions giving rise to the restriction of personal rights and liberties, in respect of which section 29 incorporating sections 32, 33 and 41 of the Constitution of the Kingdom of Thailand so permit by means of the legal provisions;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Assembly, as follows:



§ 1

This Act shall be cited as the "Public Prosecution Organ and Public Prosecutors Act, BE 2553 (2010)".


§ 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.[1]


§ 3

The following shall be repealed:

(1) The Public Prosecutors Act, BE 2498 (1955);

(2) The Public Prosecutors Act (No. 2), BE 2500 (1957);

(3) The Public Prosecutors Act (No. 3), BE 2502 (1959);

(4) The Public Prosecutors Act (No. 4), BE 2507 (1964);

(5) The Public Prosecutors Act (No. 5), BE 2517 (1974).


§ 4

In this Act:

"PPSC" means the Public Prosecution Service Commission under the law on public prosecution service;

"Public prosecution officer" means a public prosecution officer under the law on public prosecution service;

"Public prosecutor" means a person appointed as a public prosecutor under this Act;

"Region" means an area of the Office of the Attorney General as determined by the PPSC by virtue of section 7;

"State agency" means a constitutional organ, central government agency, provincial government agency, local government agency, state enterprise, public organisation, other state agency or any agency carrying out the business of the State;

"State authority" means a state agency's appointed or elected government officer, public officer, official, employee or functionary whose title is called otherwise.


§ 5

The rules issued under section 14, paragraph 3, for the purpose of its paragraph 1 (2), section 20, paragraph 1, section 21, paragraph 2 and section 27, paragraph 3, as well as the announcements issued under section 7, paragraph 4, section 9, paragraph 3, section 12, paragraph 2, and section 14 (9), shall take effect upon their publication in the Government Gazette.


§ 6

The Attorney General shall be in charge of this Act.



Chapter 1


Public Prosecution Organ





§ 7

The Public Prosecution Organ shall consist of the Attorney General and other public prosecutors. The Office of the Attorney General shall serve as its secretariat.

The Office of the Attorney General shall be a government agency which is independent in personnel administration, budget administration and other activities and shall enjoy legal personality. The Attorney General shall be the chief of its officers and be its representative.

The public prosecution officers shall be attached to the Office of the Attorney General.

The separation of agencies, the establishment of Regions and determination of their districts, as well as the determination of the authority of the Office of the Attorney General's internal agencies shall be effected by the announcements of the PPSC.


§ 8

The Public Prosecution Organ shall discharge its duties in accordance with the laws and the rule of law.



Chapter 2


Public Prosecutors





§ 9

The public prosecutor offices shall be the following:

(1) Attorney General;

(2) Deputy Attorneys General;

(3) Public Prosecution Inspectors;

(4) Chief Prosecutors;

(5) Chief Regional Prosecutors;

(6) Deputy Chief Prosecutors;

(7) Deputy Chief Regional Prosecutors;

(8) Special Departmental Prosecutors;

(9) Specialised Prosecutors;

(10) Expert Prosecutors;

(11) Provincial Prosecutors;

(12) Provincial Prosecutors attached to the Office of the Attorney General;

(13) Prosecutors attached to the Office of the Attorney General;

(14) Deputy Provincial Prosecutors;

(15) Divisional Prosecutors;

(16) Assistant Provincial Prosecutors;

(17) Assistant Prosecutors.

In addition to the offices under paragraph 1, there shall also be the offices of Senior Prosecutors.

The PPSC may, on reasonable and necessary grounds, establish an office called otherwise to supplement the offices under paragraph 1. The said office may be equivalent to any of the offices under paragraph 1.


§ 10

The appointment and removal of the Attorney General shall be subject to the resolution of the PPSC and the approval of the Senate. The President of the Senate shall countersign a proclamation on appointment of the Attorney General.

The appointment and removal of other public prosecutors shall be governed by the law on public prosecution service.


§ 11

There shall be in all courts other than military courts the public prosecutors representing the State; prescribed that this shall be subject to the rate of personnel determined by the PPSC on a basis of necessity and appropriateness.


§ 12

In a Region shall there be a Regional Prosecution Office which is led by a public prosecutor called "Chief Regional Prosecutor".

In the districts of the provincial courts, municipal courts or juvenile and family courts, except Bangkok, there shall be a Provincial Prosecution Office for each court. The districts of the Office shall be determined by the PPSC and the chief of the same shall be a public prosecutor called "Provincial Prosecutor".

The number of the public prosecutors in the Regional Prosecution Offices and the Provincial Prosecution Offices shall be determined by the PPSC.


§ 13

The public prosecutors regularly serving the Central Government shall be responsible for all courts of first instance in Bangkok. The Attorney General or the Deputy Attorney General or Chief Prosecutor authorised by the Attorney General shall be in control of those public prosecutors with respect to their official business at the courts of first instance.


§ 14

A public prosecution shall be given the following authority:

(1) To exercise the authority under the Constitution;

(2) To, in respect of the criminal cases, exercise the authority under the Code of Criminal Prosecutor and the authority invested with the Office of the Attorney General or the public prosecutors by other laws;

(3) To, in respect of the civil or administrative cases, represent the Government and the state agencies which are the constitutional organs, central government agencies or provincial government agencies in all judicial and arbitral proceedings, and exercise the authority invested with the Office of the Attorney General or the public prosecutors by other laws;

(4) To, if found expedient, defend the state authorities in the civil, administrative or criminal cases against them in consequence of their exercise of duties, or defend the private citizens in the civil or criminal cases against them in consequence of their observance of the lawful orders of the state authorities or upon their participation with or provision of assistance to the state authorities in the exercise of official duties;

(5) To, if found expedient, advocate the state agencies not mentioned in (3) or the legal persons not being the state agencies but established by the acts or royal decrees against the defendants or plaintiffs in the civil, administrative or arbitral proceedings to which these state agencies or legal persons are parties, prescribed that the said proceedings shall not include the disputes with the Government or those between the state agencies themselves;

(6) To, if found expedient, institute certain cases on behalf of the private citizens when they are legally prohibited from instituting these cases;

(7) To undertake certain appropriate actions as to the execution of criminal judgments, only for the purpose of the seizure of property to cover the fines under the judgments, prescribed that no public prosecutor may be imposed with the costs in this respect;

(8) To enforce the bail bonds or object return guarantees under the Code of Criminal Procedure in cases they are breached, prescribed that no public prosecutor may be imposed with the costs in this respect;

(9) To exercise other authority as determined or approved by the PPSB for the purpose of implementing the laws or resolutions of the Council of Ministers;

(10) To exercise other authority invested with the public prosecutors by the laws;

(11) To exercise other authority invested with the Office of the Attorney General by the laws, to the extent authorised by the Attorney General.

In rendering his duties under section 14 (3), (4) and (5), a public prosecutor may order any relevant person to appear and give certain statements. But the public prosecutor may not direct such order at his opponent parties without their consent.

The scope of competence of a holder of any public prosecutor office to exercise the authority under paragraph 1 shall be set forth in the rules of the Attorney General, with the approval of the PPSC.


§ 15

The Attorney General and the Deputy Attorneys General shall be competent to conduct the cases before all courts. The Chief Regional Prosecutors shall be competent to conduct the cases before all courts in their respective Regions. Other public prosecutors shall only be competent to conduct the cases before the court in the areas where their regular service takes place. But,

(1) When the Attorney General orders a public prosecutor regularly serving in one area to provisionally serve in another area or to take charge of a specific case, or when a Chief Regional Prosecutor orders a public prosecutor regularly serving in one area to provisionally serve in another area or to take charge of a specific case within the Region, the public prosecutor shall be competent to conduct the proceedings before the courts in such area and to deal with further proceedings before the Court of Appeal or Supreme Court of Justice or before the Supreme Administrative Court, as the case may be;

(2) When a Chief Regional Prosecutor authorises a public prosecutor regularly serving in the Region to conduct the cases before all courts in the Region, the public prosecutor shall be competent to conduct the proceedings before those courts and to deal with further proceedings before the Court of Appeal or Supreme Court of Justice or before the Supreme Administrative Court, as the case may be;

(3) When a case conducted by a public prosecutor before a court of first instance is brought to the Court of Appeal or Supreme Court of Justice, such public prosecutor, other public prosecutor responsible for such court of first instance or other public prosecutor appointed or authorised by the Attorney General shall be competent to deal with the proceedings before the Court of Appeal or Supreme Court of Justice;

(4) When a court takes charge of an evidence examination upon a request of another court or takes charge of a case transferred from another court, the public prosecutor responsible for the latter court, the public prosecutor in charge of the case from the outset or the public prosecutor responsible for the court originally in charge of the case shall be competent to conduct the proceedings before the court to which the request is made or the case is transferred.


§ 16

In carrying out his duties with respect to a case specifically required to be instituted by him or an investigation required by the Constitution or any other law, a public prosecutor shall be empowered to search for the facts, collect evidence, investigate witnesses, order any person to appear and give statements before him or deliver any evidence, document or object to him, and take other actions as he thinks fit or require the competent authorities or state authorities to take those actions. But if an order for appearance and giving of statements or delivery of evidence, document or object is directed at an opponent or accused party, such party may refuse to abide by it.


§ 17

In cases a law authorises a public prosecutor to conduct a criminal inquiry, the public prosecutor shall, for the sake of his functioning, enjoy the same authority of inquiry as a judicial police officer, except when he is required to conduct the inquiry or prepare an inquiry file together with a judicial police officer. For this purpose, he shall be a senior administrative or police officer and shall have the authority under the Code of Criminal Procedure, and he may participate with the police officers or other public officers in conducting a search, arrest or detention or require the police officers or other public officers to conduct it.


§ 18

Any order rendered by a public prosecutor by virtue of sections 16 and 17 shall be deemed to be a mandate of a public prosecutor under the Criminal Code.


§ 19

The Attorney General may issue the orders or rules specifically governing the public prosecutors in their exercise of powers or duties under the Code of Criminal Procedure or other laws.

The Attorney General may delegate any authority given to him by a legal provision to a Deputy Attorney General or Chief Regional Prosecutor, save where a law otherwise governs such delegation. But the authority under section 21 of this Act as well as section 20, paragraph 6, section 143 and section 145 of the Code of Criminal Procedure are undelegatable.

In making the delegation under paragraph 2, the Attorney General may lay down certain rules for the delegatee.


§ 20

Subject to section 19, the provisional appointment and functioning as the public prosecutors under section 9 shall be subject to the rules of the PPSC.

In cases other law authorises a holder of any public prosecutor office to serve as a member of any board or exercise any authority, a person provisionally appointed to such office or provisionally functioning as its holder shall also enjoy the authorisation to so serve or exercise, as the case may be.


§ 21

A public prosecutor shall be independent in faithfully and fairly ruling on lawsuit institution and discharging duties under the Constitution and laws.

Should a public prosecutor find that a criminal prosecution will be of no use to the general public, will affect the national safety or security, or will impair significant interest of the State, he shall refer his opinion to the Attorney General who may then render an order of non-prosecution. This shall be subject to the rules laid down by the Office of the Attorney General, with the approval of the PPSC.

The provisions of paragraph 2 shall apply mutatis mutandis when a public prosecutor finds that a petition, appeal or final appeal ought not to be filed or a complaint, petition, appeal or final appeal ought to be withdrawn.


§ 22

Protected shall be the discretion exercised by a public prosecutor when ruling on lawsuit institution and discharging duties pursuant to section 21, after a statement of grounds is properly provided.



Chapter 3


Office of the Attorney General





§ 23

In addition to the authority concerning administrative and academic affairs for supporting and providing convenience to the public prosecutors, the Office of the Attorney General shall be invested with the following authority:

(1) To assist the public in the legal activities, in the protection of their rights and liberties and in the access to legal knowledge;

(2) To render advice concerning a draft contract or legal document to the Government and state agencies and to review such draft for them;

(3) To render advice concerning a draft contract or legal document to a legal person not being a state agency but established by an act or royal decree and to review such draft for it, as the Office deems expedient;

(4) To undertake the activities concerning the civil or administrative execution on behalf of the Government or state agency, when a public prosecutor accepts to take charge of such execution;

(5) To implement a request of the Council of Ministers, save where it is contrary to the duties or affects the professional independence of a public prosecutor;

(6) To organise the trainings for development of the public prosecution officers;

(7) To cooperate with state agencies on the carriage of justice and the maintenance of the common good of the State and its people;

(8) To contact and cooperate with foreign organs or agencies on the activities falling within the authority of a public prosecutor or the Office of the Attorney General;

(9) To exercise other authority given to the public prosecutors or Office of the Attorney General by the laws.

In reviewing a draft contract according to (2) and (3), the Office of the Attorney General shall bear the duty to maintain the interest of the State. For this purpose, the Office of the Attorney General shall be obliged to inform the Government, state agency under (2) or legal person under (3) which is a party to the contract of the clauses which need to be improved or amended, which are likely to prejudice it or which may expose the State to injury.


§ 24

The Office of the Attorney General shall propose its expenditure budget to the Council of Ministers to further be included as its financial supports in an annual expenditure budget bill, additional expenditure budget bill or expenditure budget transfer bill, as the case may be.

If the Office of the Attorney General finds that the expenditure budget so included is not sufficient, it may directly tender a motion for amendment to a budget committee of the House of Representatives.


§ 25

The Office of the Attorney General shall be an audit agent under the organic law on state audit.

When the Office of the Attorney General has completely audited and verified all its accounts and finance, it shall also directly submit the audit outcome to the House of Representatives, Senate and Council of Ministers.


§ 26

Where a law, regulation, rule, ordinance or announcement exempts a ministry, bureau or department from any tax or exempts or suspends it from the compliance with any legal provision, the Office of the Attorney General shall also enjoy such exemption or suspension.


§ 27

The Attorney General shall have the following authority:

(1) To determine the policies concerning and to be responsible for the official business of the Office of the Attorney General, for the sake of the effectiveness and implementation of its administrative goals, guidance and plans;

(2) To control, monitor and be responsible for the administration of official business, carrying out of administrative activities and personnel administration of the Office of the Attorney General in accordance with the laws as well as official rules, norms and practices;

(3) To administer the budgets, finance, property and supplies of the Office of the Attorney General.

The Attorney General may authrorise any Deputy Attorney General or public prosecution officer to render any of his official duties under paragraph 1 on his behalf.

The Attorney General, with the approval of the PPSC, may lay down the rules governing the administration of budgets, finance, property and supplies of the Office of the Attorney General.

In discharging his duties under (1) and (2), the Attorney General may deliver the rules, announcements or orders necessary for the official business of the Office of the Attorney General, but none of them may be contrary to or inconsistent with the rules or announcements issued by the PPSC by virtue of this Act.



Transitory Provisions





§ 28

The Office of the Attorney General under the Administrative Reorganisation Act, BE 2545 (2002), shall become the Office of the Attorney General under this Act.


§ 29

The affairs, property, rights, debts, government officers, officials, employees and budgets of the Office of the Attorney General under the Administrative Reorganisation Act, BE 2545 (2002), shall all be transferred to the Office of the Attorney General under this Act.


§ 30

All royal decrees, regulations, rules, ordinances, articles, announcements or orders governing the administrative organisation, administrative divisions and discharge of duties of the public prosecutors, as well as other provisions governing the public prosecutors or Office of the Attorney General, which are effective on day before the date of coming into force of this Act, shall continue to be in force to the extent not contrary to or inconsistent with the provisions of this Act, until they are replaced by the rules, announcements or orders issued by the PPSC or Attorney General by virtue of this Act.


§ 31

Where in any law, regulation, rule, ordinance, article, announcement, order or resolution of the Council of Ministers effective on the day before the date of coming into force of this Act a reference is made to the Department of Public Prosecutions, Director of Public Prosecutions, Deputy Directors of Public Prosecutions and Public Prosecution Inspectors, it shall be taken that such reference is intended to the Office of the Attorney General, Attorney General, Deputy Attorneys General and Public Prosecution Inspectors under this Act, respectively.

Where in any law, regulation, rule, ordinance, article, announcement, order or resolution of the Council of Ministers effective on the day before the date of coming into force of this Act a reference is made to the holders of the offices of Specialised Prosecutors for Advisory Affair, Legal Affairs or Academic Affair or the holders of the offices equivalent thereto, it shall be taken that such reference is intended to the Chief Prosecutors under this Act.

Where in any law, regulation, rule, ordinance, article, announcement, order or resolution of the Council of Ministers effective on the day before the date of coming into force of this Act a reference is made to the holders of the offices of District Specialised Prosecutors or equivalent offices, as well as the holders of the offices of Deputy Chief Divisional Prosecutors, Deputy Chief District Prosecutors, Provincial Prosecutors attached to the Department and Prosecutors attached to the Department, it shall be taken that such reference is intended to the Chief Regional Prosecutors, Deputy Chief Prosecutors, Deputy Chief Regional Prosecutors, Provincial Prosecutors attached to the Office of the Attorney General and Prosecutors attached to the Office of the Attorney General under this Act, respectively.



Countersigned by:


Abhisit Vejjajiva,
Prime Minister.



Statement of Grounds

The grounds for promulgation of this Act are as follows: The Constitution of the Kingdom of Thailand prescribes that the Public Prosecution Organ is an alternative constitutional organ and the public prosecutors are independent in their fairly ruling on lawsuit institution and discharging duties, whilst section 255, paragraph 5, furnishes the Organ with a secretariat which is independent in the personnel administration, budget administration and other activities and is led by the Attorney General, but the details is ordained to be set forth in a law. A law governing the Public Prosecution Organ and its secretariat, the Office of the Attorney General, thus needs to be established as required by the Constitution. Furthermore, the Public Prosecutors Act, BE 2498 (1955), has been in force for so long and now needs to be brought up to date. It is therefore necessary to enact this Act.



Footnotes[edit]

  1. Published in the Government Gazette: volume 127/part 75 A/page 38/7 December 2010.




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