Translation:Criminal Procedure Code Promulgation Act, 2477 Buddhist Era
Table of contents
.svg)
Criminal Procedure Code
Promulgation Act,
2477 Buddhist Era[2]
In the name of King Ananda Mahidol
The Council of Regency
(According to the Announcements of
the President of the House of Representatives
dated 7 March 2477 Buddhist Era)[1]
Anuwat Chaturon
Aditya Dibabha
Chaophraya Yommarat
Enacted on the 5th day of June 2478 Buddhist Era[1]
Being the 2nd year of the present reign
Whereas the House of Representatives has passed a resolution that it is appropriate to promulgate a criminal procedure code;
Therefore, by and with the advice and consent of the House of Representatives, a Great Royal Command is given that the following Act be enacted:
Section1.This Act shall be called the Criminal Procedure Code Promulgation Act, 2477 Buddhist Era.
Section2.This Act shall enter into operation from the day of its publication in the Royal Gazette onwards.
Section3.The Criminal Procedure Code enacted at the end of this Act shall enter into operation from the 1st day of October 2478 Buddhist Era onwards.[1]
All the courts and public officers handling criminal prosecutions throughout the Kingdom, save the courts separately governed by special procedure, shall observe the provisions of this Code.
All the cases pending in court before the day of entry into operation of this Code shall be governed by the laws in operation before the day of entry into operation of this Code until those cases are final.
Section4.Subject to the provisions of section 3; sections 14, 16, and 87 to 96 of the Penal Code, the Criminal Procedure for Provisional Use Act, 115 RE, and the parts of all other laws, statutes, and rules which have been incorporated into this Code or which are contrary or repugnant to this Code, shall be repealed from the day of entry into operation of this Criminal Procedure Code onwards.
Section5.The Minister of Justice and the Minister of Interior shall be in charge of the implementation of this Act and, for such purpose, shall have the power to issue ministerial statutes regulating the work under their duties in order for criminal prosecutions to proceed in an orderly manner.
Countersignature
Colonel Phraya Phahonphonphayuhasena
Prime Minister
Section1.In this Code, if any term has already been defined, it shall be understood according to the meaning defined, save where the context is contrary to such definition.
Section2.In this Code—
(1)“court” means a court of justice or judge that has the power to carry out activities in relation to a criminal case;
(2)“alleged offender” means a person who is alleged to have committed an offence but has not yet been charged before a court;
(3)“accused” means a person who has been charged in court with the commission of an offence;
(4)“injured person” means a person who has suffered injury due to the commission of any offence, and includes another person who has the power to represent him as provided in sections 4, 5, and 6;
(5)“public prosecutor” means a public officer who has the duty to charge an alleged offender before a court, whether he be a public servant from the Public Prosecution Department or a different public officer having such a power;
(6)“inquiry officer” means a public officer in whom the law invests the power and duty to conduct inquiry;
(7)“complaint” means an allegation which is made by an injured person before an official according to the provisions of this Code, stating that a person, whether or not known, has committed an offence, thereby causing injury to the injured person, and which is made with the intention to have the offender punished;
(8)“denunciation” means an allegation which is made by another person than the injured person before an official, stating that a person, whether or not known, has committed an offence;
(9)“criminal warrant” means an imperative document which is issued in accordance with the provisions of this Code, ordering an official to arrest, detain, imprison, or release an alleged offender, accused, or prisoner, or to search, and includes a certified true copy of such warrant and a telegraphic notice of the issuance of a warrant of arrest as provided in section 77;
(10)“investigation” means the seeking of facts and evidence, which is conducted by an administrative or police officer by his powers and duties to maintain public peace and order and for the purpose of ascertaining the details of an offence;
(11)“inquiry” means the collection of evidence, as well as the conduct of all other acts according to the provisions of this Code, by an inquiry officer on account of an alleged offence, for the purpose of ascertaining facts or proving the guilt and bringing the offender to prosecution;
(12)“preliminary examination” means an examining proceeding of a court for ruling about the foundation of a case with which an accused is charged;
(13)“private place” means any place which is not a public place as provided in the Penal Code;
(14)“prosecutor” means the public prosecutor or injured person who institutes a criminal case before a court, or both when they jointly institute the case;
(15)“party” means the prosecutor on one side or the accused on the other side;
(16)“administrative or police officer” means a public officer in whom the law invests the powers and duties to maintain public peace and order, and includes a warder, a public officer from the Excise Department, Customs Department, or Marine Department, an immigration officer, or other public officer when carrying out activities in relation to the arrest and suppression of a lawbreaker whom he has the duty to arrest or suppress;
(17)“superior administrative or police officer” means any of the following public officers:
(a)a provincial commissioner or his substitute;
(b)a district chief or his substitute;
(c)the Director General of the Police Department or his substitute;
(d)a Deputy Director General of the Police Department or his substitute;
(e)the inspector general of a provincial police region or his substitute;
(f)the commander of a local police force, or the Commander of the Special Branch Police, or a person substituting in such position;
(g)the superintendent of a local police force, or the Superintendent of the 1st, 2nd, 4th, or 5th Division of the Special Branch Police, or a person substituting in such position;
(h)the commander of a local police division, or the commander of a Special Branch Police division, or a person substituting in such position who holds the rank of police sub-lieutenant or higher;
(i)an inspector of a local police force, or an inspector of the Special Branch Police, or a person substituting in such position who holds the rank of police sub-lieutenant or higher;
(j)the head of a provincial police division attached to a superintendent, or his substitute who holds the rank of police sub-lieutenant or higher;
(k)the head of a police station who holds the rank of police sub-lieutenant or higher, or his substitute who holds the rank of police sub-lieutenant or higher;
(18)“article” means any movable property which may be used as evidence in a criminal case and includes a letter, telegram, or other document;
(19)“docket” means any writing on which a court notes down as evidence the details of a criminal prosecution in that court;
(20)“record” means any writing which is made by an administrative or police officer as evidence of inquiry into a criminal offence and includes a complaint or denunciation record also;
(21)“custody” means restraint or confinement imposed upon an arrested person by an administrative or police officer pending investigation and inquiry;
(22)“detention” means confinement imposed upon an accused or alleged offender by a court.
Section3.The persons specified in sections 4, 5, and 6 have the power to represent the injured person in the following matters, subject to the conditions provided therein:
(1)submission of a complaint;
(2)institution of a criminal case or participation with a public prosecutor in such institutiton;
(3)institution of a civil case connected with a criminal case;
(4)withdrawal of a criminal case or a civil case connected with a criminal case;
(5)compounding of a personal offence.
Section4.In a criminal case in which the injured person is a woman having a husband, the woman has the right to institute the case herself without having to obtain prior permission of the husband.
Subject to section 5(2), a husband has the right to institute a criminal case on behalf of his wife only upon having obtained express permission of the wife.
Section5.The following persons can represent the injured person:
(1)the legal representative or custodian, only for an offence committed against the minor or incapacitated person under his care;
(2)an ascendant, a descendant, the husband, or the wife, only for a criminal offence in which the injured person was fatally assaulted or is wounded to the degree of being unable to represent himself;
(3)the manager or other representative of a juristic person, only for an offence committed against such juristic person.
Section6.In a criminal case in which the injured person is a minor without a legal representative or is an insane or incompetent person without a custodian, or in which the legal representative or custodian is unable to execute his duties for any reason, including conflict of interests with the minor or incompetent person, a relative or interested person may move the court to appoint him as a representative ad litem.
Upon examination, the court shall, as it finds appropriate, appoint the movant or a different person with his consent as a representative ad litem. When there is no person to serve as a representative, the court shall appoint an administrative officer as a representative.
No cost shall be demanded in respect of appointment of a representative ad litem.
Section7.In inquiring into, preliminarily examining, or trying a case in which the alleged offender or accused is a juristic person, a summons shall be issued directing the manager or other representative of such juristic person to appear before the inquiry officer or court, as the case may be.
If the manager or representative of the juristic person fails to follow the summons, a warrant of arrest may be issued against him. But the provisions pertaining to provisional release, detention, or imprisonment shall not be applied to the manager or representative of a juristic person in a case in which the alleged offender or accused is the juristic person.
Section8.From the time the charge is filed, the accused has the following rights:
(1)to appoint an attorney to advocate him in the course of a preliminary examination or trial before the court of first instance as well as an appellate court and the Supreme Court of Justice;
(2)to have private conversations with his attorney or a person who is to serve as his attorney;
(3)to inspect the preliminary examination or trial file of the court and to make copies or apply for certified true copies thereof upon payment of costs;
(4)to inspect things filed as evidence and to make copies or take photographs thereof.
If the accused has an attorney, the attorney has the rights similar to those of the accused as mentioned previously.
Section9.A record must specify the place and the day, month, and year of its making, as well as the name and position of the public officer making it.
When a public officer makes a record because of having been ordered by a court or having been ordered or applied to by another public officer, he shall also mention the receipt of such order or application and indicate how it has been executed.
The public officer making the record shall sign his own name in the record.
Section10.A docket must specify the name of the court as well as as the place and the day, month, and year of its making. If the court makes a docket because of having been ordered or commissioned by another court, this shall be mentioned and how it has been executed shall also be indicated.
The judge making the docket must sign his own name in the docket.
Section11.The public officer or court shall read the record or docket to the statement giver. If there is a correction, objection, or addition to the contents, a revision shall be made correctly or shall otherwise be recorded and the statement giver shall be required to sign it in confirmation of its correctness.
If the person who has to sign the record or docket is unable or refuses to sign it, such incident shall be recorded or docketed.
Section12.A document made by a court or public officer, a complaint, a denunciation, a reply of an accused, or a motion filed with a public officer or court must be written in ink, typewritten, or printed. If there is a mistake anywhere, it shall not be erased but shall merely be struck out and rewritten. The judge, public officer, or person who makes such correction must sign his initials in the margin of the paper.
An omitted word inserted back to a document described in this section must be accompanied by the initials of the judge, public officer, or person who inserted it.
Section13.In holding inquiry, preliminary examination, or trial, the Thai language shall be used. But if it is necessary to translate the Thai language into a foreign language or a foreign language into the Thai language, an interpreter shall be employed to make a translation.
When an interpreter is present for translating a reply, testimony, or others, the interpreter must take an oath or make an affirmation that he will execute the duty faithfully and will not add anything to or remove anything from what he shall translate.
The interpreter shall sign the translation.
Section14.During inquiry, preliminary examination, or trial, if there arises a reason to believe that an alleged offender or accused is insane and unfit to defend himself, the inquiry officer or court, as the case may be, shall order a medical officer to examine him. Upon finish thereof, the medical officer shall be summoned to state or testify how the examination comes out.
In the event that the inquiry officer or court finds that the alleged offender or accused is insane and unfit to defend himself, the inquiry, preliminary examination, or trial shall be stayed until he recovers from insanity or is fit to defend himself. In addition, [the inquiry officer or court] shall have the power to commit him to a psychiatric hospital or entrust him to a custodian, provincial commissioner, or other person who is willing to take care of him as is found appropriate.
In the event that the court stays the preliminary examination or trial as provided in the previous paragraph, the court may order temporary disposal of the case.
Section15.As regards any procedural matters which this Code fails to make specific provisions for, the provisions of the Civil Procedure Code shall be applied as far as possible.
Section16.The powers of the courts, judges, public prosecutors, and administrative or police officers to implement the provisions of this Code must be governed by all the laws and rules which pertain to the establishment of courts of justice and specify the powers and duties of their judges or which pertain to the powers and duties of public prosecutors or administrative or police officers.
Section17.Administrative or police officers have the power to investigate criminal cases.
Section18.A superior administrative or police officer, district clerk, or police officer holding the rank of police sub-lieutenant or higher in whose jurisdiction a criminal case has occurred or is claimed or believed to have occurred or the alleged offender resides or is required to be arrested, has the power to inquire into such offence.
Subject to the provisions of sections 19, 20, and 21, when a criminal offence has occurred in the jurisdiction of any inquiry officer, it shall, in general, be the duty of such inquiry officer to be in charge of inquiring into such offence for the purpose of prosecution. But when necessity arises or for the sake of convenience, the inquiry officer of the locality where the alleged offender resides or is arrested shall be in charge of conducting the inquiry.
In any locality where there are several inquiry officers, it shall be the chief inquiry officer of such locality or his substitute who is in charge of conducting the inquiry.
Section19.In the following events—
(1)it is uncertain in which of several localities a criminal offence is committed;
(2)when an offence is committed partly in one locality and partly in another locality;
(3)when the offence in question is a continuing offence and is committed continuously in more than one locality;
(4)when an offence consists of several acts committed in different localities;
(5)when the offence occurs whilst the alleged offender is travelling;
(6)when the offence occurs whilst the injured person is travelling;
the inquiry officers of any localities concerned have the power to hold inquiry.
In the above events, the following inquiry officer is in charge of the inquiry:
(a)if the alleged offender has been arrested, the inquiry officer in whose jurisdiction he was arrested;
(b)if the alleged offender cannot yet be arrested, the inquiry officer in whose jurisdiction the offence was discovered first.
Section20.If an offence punishable under the law of Siam has been committed outside the Kingdom of Siam, the Director General of the Public Prosecution Department or his substitute shall be the inquiry officer in charge or may delegate such duty to any inquiry officer.
In the event of necessity, the following inquiry officer has the power to conduct inquiry whilst waiting for an order from the Director General of the Public Prosecution Department or his substitute:
(1)the inquiry officer in whose jurisdiction the alleged offender was arrested;
(2)the inquiry officer requested by a foreign government or by the injured person to bring the alleged offender to punishment.
Section21.In the event that it is uncertain which of the inquiry officers in the same province should be the inquiry officer in charge, the commissioner of such province shall have the power to decide. However, in the provinces of Phra Nakhon and Thon Buri, the decision shall be made by the person holding the position of Deputy Director General of the Police Department or higher position who is in command of the inquiry officers.
In the event that it is uncertain which of the inquiry officers from several provinces should be the inquiry officer in charge, the Director General of the Public Prosecution Department or his substitute shall decide.
The inquiry shall not be stayed because of waiting for the decision.
Section22.When an offence has occurred or is claimed or believed to have occurred in the jurisdiction of any court, it shall be addressed by that court. But if—
(1)the accused resides or was arrested or a public officer has conducted inquiry in a locality outside the territory of such court, it may be addressed by the court to whose jurisdiction the locality belongs;
(2)the offence occurred outside the Kingdom of Siam, it shall be addressed by the Criminal Court, and if inquiry has been conducted in a locality which belongs to the territory of any court, it may also be addressed by that court.
Section23.When two or more courts have equal power to address a case, if the charge instituting the case has been filed with the court in whose territory the offence did not occur according to the charge, the prosecutor or accused may request the case to be transferred to another court in whose territory the offence occurred.
If the prosecutor files the charge with the court in whose territory the offence occurred but it later appears to the prosecutor that the trial of the case would be more convenient if it be conducted by another court which has the power to address the case, the prosecutor may move the court before which the case is pending trial to transfer the case to the other court. Even though the accused objects, the court may transfer the case or dismiss the motion when it finds this appropriate.
Section24.When several offences are connected for any reason such as—
(1)when it appears that several offences have been committed by the same offender or that several offenders are connected in committing one or several offences, whether as principals, accomplices, or recipients of stolen goods;
(2)when it appears that several offences have been committed under the same intention or by offenders who have previously conspired;
(3)when it appears that an offence has occurred under the intention to help another offender avoid the punishment for a different offence he has committed;
then all the cases may be instituted or all the offenders may be charged before the court which has the power to address the offence carrying a higher rate of punishment.
If the connected offences are subject to equal maximum rates of punishment, the court which has the power to address them is the court which is the first to accept the charge against any of them.
Section25.A court which has accepted charges against connected offences may try and adjudicate upon them all together.
If the court which has accepted charges against connected offences finds that it is appropriate for one of the offences to be addressed by a court which generally would have the power to address it had it not been connected with the others, the former court may, after having agreed with the latter court, order it to be charged before that latter court.
Section26.If, owing to the nature of the offence, the status of the accused, the number of the accused, the sentiment of most of the local people, or a different reason, there might be obstruction to a preliminary examination or trial or it should be feared that unrest or other danger might occur, the prosecutor or accused may petition the Chief of the Supreme Court of Justice to transfer the case to a different court. If the Chief of the Supreme Court of Justice grants the petition, he shall order transferring the case to the court specified by him.
Whatever order given by the Chief of the Supreme Court of Justice shall be conclusive as such.
Section27.Recusal may be raised against a judge of any court who addresses a criminal case, according to the provisions of the Civil Procedure Code provided for such a matter.
Section28.The following persons have the power to institute a criminal case before a court:
(1)public prosecutors;
(2)the injured person.
Section29.When the injured person dies after filing a charge, his ascendants, descendants, husband, or wife may continue the case on behalf of the deceased.
If the injured person that has died was a minor, insane person, or incapacitated person on whose behalf a legal representative, custodian, or representative ad litem had already filed a charge, the person filing such charge may carry the case on.
Section30.In any criminal case in which a public prosecutor has already filed the charge with the court, the injured person may move for permission to participate as a prosecutor at any stage of the trial before the court of first instance adjudicates upon the case.
Section31.In a criminal case which does not concern a personal offence and in which the injured person has filed the charge, a public prosecutor may move for permission to participate as a prosecutor at any stage before the case becomes conclusive.
Section32.When a public prosecutor and the injured person are joint prosecutors, if the public prosecutor finds that the injured person would impair the case of the public prosecutor by performing or refraining from any procedural act, the public prosecutor has the power to move the court to order the injured person to perform or refrain from such act.
Section33.As regards criminal cases of the same subject in which both a public prosecutor and the injured person have filed charges with the same court or different courts of first instance, each court has the power to, either on its own motion or upon a motion filed by the prosecutor at any stage before the judgment is given, order the cases to be merged into one.
However, such an order shall not be given unless prior consent of those other courts has been obtained.
Section34.An order of non-prosecution does not preclude the right of the injured person to institute a case himself.
Section35.A motion for withdrawal of the criminal charge may be filed at any time before the court of first instance gives the judgment. The court may order permitting or prohibiting the withdrawal, as the court may find appropriate. If the motion is filed after the accused has already replied to the case, the accused shall be asked if he would object, and the court shall docket the statement of the accused. In the event that the accused objects to the withdrawal of the charge, the court shall dismiss the motion for withdrawal of the charge.
In a case of a personal offence, the charge may be withdrawn or the case may be compounded at any time before the case is final. But if the accused objects, the court shall dismiss the motion for withdrawal of the charge.
Section36.A criminal case the charge instituting which has already been withdrawn from the court cannot be reinstituted, save where it falls under the following exceptions:
(1)if a public prosecutor files a charge instituting a criminal case which does not concern a personal offence and then withdraws the charge, this withdrawal does not preclude the right of the injured person to reinstitute the case;
(2)if a public prosecutor withdraws a case which concerns a personal offence without written consent from the injured person, such withdrawal does not preclude the right of the injured person to reinstitute the case;
(3)if an injured person files a charge instituting a criminal case and then withdraws the charge, this withdrawal does not preclude the right of a public prosecutor to reinstitute the case, save where the case concerns a personal offence.
Section37.A criminal case can be discontinued as follows:
(1)if the case is only punishable with a fine, by the offender consensually paying the fine at the maximum rate stipulated therefor to a competent official before the court commences the trial;
(2)if the case concerns a petty offence or an offence against a law on taxation which is punishable with a maximum fine of not over two hundred baht, by the alleged offender paying the fine settled by a district councillor according to the dispositions of section 105 of the Local Administration Act, 2457 Buddhist Era;
(3)if the case concerns a petty offence or is only punishable with a maximum fine of not over two hundred baht and it occurs in the province of Phra Nakhon or Thon Buri, by the alleged offender paying the fine settled by a local police officer holding the rank of inspector or higher or a commissioned police officer substituting in such position;
(4)if the case can be settled according to any other law, by the alleged offender paying the fine settled by a competent official.
Section38.As regards the offence under section (2), (3), or (4) of the previous section, if the official mentioned therein finds that the alleged offender does not deserve a punishment as serious as imprisonment, he shall have the power to adopt a settlement in the following manners:
(1)he shall designate the fine which the alleged offender should pay; if the alleged offender and the injured person consent thereto, the case shall be concluded by the alleged offender paying within an appropriate time but not over fifteen days the fine in the amount designated by the official;
if the alleged offender does not consent to the settlement or, having given his consent, fails to pay the fine within the time designated in the previous paragraph, the case shall be continued;
(2)if the case contains compensation and the injured person and the alleged offender consent to having it settled, the official shall fix its amount as found appropriate by him or agreed upon by the parties.
Section39.The right to institute a criminal case shall be terminated as follows:
(1)by the death of the offender;
(2)if the case concerns a personal offence, by lawful withdrawal of the complaint, withdrawal of the charge, or compounding of the offence;
(3)by discontinuation of the case according to section 37;
(4)by delivery of a conclusive judgment upon the offence charged;
(5)by abolition of the offence by a law issued after the commission of such offence;
(6)by the case being barred by limitation;
(7)by legal exemption of the punishment.
Section40.A civil case connected with a criminal case may be instituted before the court trying the criminal case or before the court having the power to address the civil case. Trial of the civil case must be governed by the provisions of the Civil Procedure Code.
Section41.If the trial of the civil case would delay or impede the trial of the criminal case, the court has the power to order disjoining the civil case from the criminal case to be tried separately by the court having the power to address it.
Section42.In trying the civil case, if the evidence adduced in the criminal case is still insufficient, the court may take additional evidence.
In such event, the court may adjudicate upon the criminal case first and adjudicate upon the civil case later.
Section43.In a case of theft, snatching, robbery, gang robbery, piracy, extortion, defrauding, embezzlement, or receipt of stolen goods, if the injured person has the right to claim the property he has been deprived of by the commission of the offence or its value, a public prosecutor shall, when filing the charge instituting the criminal case, claim the property or its value on behalf of the injured person also.
Section44.To claim the property or its value according to the previous section, the public prosecutor may file an application together with the criminal case or may file a motion at any stage whilst the criminal case is being tried before the court of first instance.
The judgment on the claim for property or its value shall be included as part of the judgment for the criminal case.
Section45.Even though any case has already been instituted criminally, it does not preclude the right of the injured person to institute it civilly also.
Section46.In adjudicating upon the civil part of the case, the court is required to adhere to the facts shown the judgment for the criminal part of the case.
Section47.The judgment for the civil part of the case must be governed by the legal provisions pertaining to civil liabilities of persons, without having to consider whether or not the accused is adjudged to have committed the offence.
As regards the value of property ordered to be paid by the accused to the injured person, the court shall designate it in accordance with the true value. As for the amount of compensation which the injured person will receive, the court shall designate it in accordance with the injury, but it must not exceed that which is applied for.
Section48.When a court adjudges that property be returned but its owner is not yet known, the official taking care of it shall return it to its owner after the owner is known.
In the event that the owner is known, the court shall give a judgment ordering the official taking care of the thing to return it to the owner.
When a dispute arises, the person claiming to be the true owner of the property shall institute his claim before the court having the power to address it.
Section49.Even though the civil part of the case is not instituted, the court may order an exhibited item of property to be returned to its owner when it adjudicates upon the criminal part of the case.
Section50.In the event that the court orders the return of property or payment of its value to the injured person according to section 43 or 44, the injured person shall be deemed to be a judgment creditor.
Section51.If no criminal case is instituted, the right of the injured person to institute a civil case on account of the offence shall be terminated by the same time period as the limitation provided by the Penal Code for institution of a criminal case, even though it would be instituted by a minor or insane person according to section 183 of the Civil and Commercial Code or would be instituted separately from the criminal case.
If any criminal case has already been instituted before a court but the case is not yet conclusive, the limitation governing the right of the injured person to institute a civil case shall be interrupted in accordance with section 79 of the Penal Code.
If a prosecutor has instituted a criminal case and the court has sentenced the accused to punishment to the point that the case has already become conclusive before a civil case is instituted, the right of the injured person to institute a civil case shall be subject to the limitation under section 168 of the Civil and Commercial Code.
If a prosecutor has instituted a criminal case and the court has dismissed the charge and acquitted the accused to the point that the case has already become conclusive before a civil case is instituted, the right of the injured person to institute a civil case shall be subject to the limitation according to the general principles of limitation under the Civil and Commercial Code.
Section52.To require any person to appear before an inquiry officer, a superior administrative or police officer, or a court with regard to the holding of inquiry, preliminary examination, trial, or other activities according to the provisions of this Code, there must be a summons from the inquiry officer, superior administrative or police officer, or court, as the case may be.
But in the event that an inquiry officer or a superior administrative or police officer goes to conduct inquiry in person, he shall have the power to summon an alleged offender or witness without having to issue a summons.
Section53.A summons must be made in writing and contain the following contents:
(1)the place of issuance of the summons;
(2)the day, month, and year of issuance of the summons;
(3)the name and place of residence of the person for whose appearance the summons is issued;
(4)the reasons for summoning such person;
(5)the place, the day, month, and year, and the time such person is required to arrive;
(6)the signature and seal of the court or signature and position of the public officer issuing the summons.
Section54.In designating the day and time for a person to arrive as summonsed, regard shall be had to the extent of the distance so that there be a chance for him to arrive on the day and at the time designated in the summons.
Section55.In serving a summons upon an alleged offender, the summons shall not be sent to another person than his husband, wife, relative, or guardian for receipt on his behalf.
Section56.When the recipient of a summons is in another locality than the locality of issuance of the summons, the summons shall be sent to the court, if it be a summons from a court, or the administrative or police officer, if it be a summons from an administrative or police officer, that has the power to issue summonses in the locality where the person summoned is. Upon receipt of such summons, the court or administrative or police officer shall endorse the summons and proceed to serve it upon the recipient.
Section57.Subject to the provisions of sections 78, 79, 80, 92, and 94 of this Code, in order to carry out arrest, detention, imprisonment, or search of a private place for a person or article, a criminal warrant is required.
A person detained or imprisoned by a court warrant can only be released when there is a warrant of release from a court.
Section58.The following public officers and courts have the power to issue criminal warrants within their jurisdiction:
(1)superior administrative or police officers, for warrants of arrest of alleged offenders who are not subject to the power of any court;
(2)courts, for warrants of arrest of alleged offenders or accused who are subject to their power;
(3)courts or superior administrative or police officers, for warrants of search;
(4)courts, for warrants of detention, imprisonment, or release.
Section59.A public officer or court that has the power to issue a warrant of arrest, warrant of search, or warrant of detention may issue such warrant on its own motion or upon a request.
In the event that there is a request, the public officer or court issuing the warrant must perform prior scrutiny to ensure that there is an appropriate reason for issuance thereof. These reasons may be derived from information given under oath or from other circumstances.
Section60.A warrant of arrest, search, detention, or release must be made in writing and contain the following contents:
(1)the place of issuance of the warrant;
(2)the day, month, and year of issuance of the warrant;
(3)the grounds for issuance of the warrant;
(4)(a)in the event that a warrant of arrest is to be issued, the name or identity of the person to be arrested must be specified;
(b)in the event that a warrant of detention, imprisonment, or release is to be issued, the name of the person to be detained, imprisoned, or released must be specified;
(c)in the event that a warrant of search is to be issued, the place to be searched and the name or identity of the person or appearance of the article to be searched for, the day and time scheduled for the search, and the name and position of the public officer to conduct the search shall be specified;
(5)(a)in the event that a warrant of arrest, detention, or search is to be issued, the offence shall be specified;
(b)in the event that a warrant of imprisonment is to be issued, the offence and the punishment designated by the judgment shall be specified;
(c)in the event that a warrant of detention or imprisonment is to be issued, the place where the detention or imprisonment shall be carried out shall be specified;
(d)in the event that a warrant of release is to be issued, the reasons for the release shall be specified;
(6)the signature and seal of the court or signature, name, and position of the public officer issuing the warrant.
Section61.Subject to section 97, administrative or police officers have the power and duty to execute criminal warrants delivered or sent for execution under their powers.
Any criminal warrant issued or endorsed by a court may be delivered or sent to an administrative or police officer within the jurisdiction of the court who is named in the warrant or to the chief administrative or police officer of the province or district who is required to execute such warrant.
In the latter event, the public officer receiving the warrant must take charge of the execution of such warrant. He may execute it in person or order a public officer inferior to him to execute it on his behalf, or may deliver or send a certified true copy of the warrant to another administrative or police officer who has the duty to execute the warrant he has received. If the warrant is delivered or sent to two or more public officers, the public officers may execute the warrant separately or jointly.
Any criminal warrant issued by a superior administrative or police officer may be executed by such public officer in person within his jurisdiction or may be executed in accordance with the provisions of paragraphs 2 and 3.
Section62.Subject to all the provisions of this Code which pertain to arrest and search, a public officer who executes a warrant thereof must notify the relevant persons of the contents of the warrant and shall, if requested, send the warrant to them for inspection.
The notification of the contents of the warrant, the sending of the warrant for inspection, and the day, month, and year thereof shall be recorded on the warrant.
Section63.When a public officer has executed a criminal warrant, he shall record the details of the execution. If the execution of the warrant is unsuccessful, the circumstances shall be recorded and the record shall be sent with dispatch to the authority issuing the warrant.
Section64.If the person named in a criminal warrant has been arrested, or the person or article required by a warrant to be searched for has been discovered, such person or article shall, if possible, be sent with dispatch to the person issuing the warrant, save where it is otherwise ordered.
Section65.If a person arrested in accordance with a warrant absconds or is enabled by anyone to abscond, the public officer conducting the arrest has the power to pursue and arrest him without needing another warrant.
Section66.The reasons for which a warrant of arrest can be issued are as follows:
(1)when a reasonably suspected alleged offender or an accused has no fixed residence;
(2)when the maximum rate of punishment for the offence an alleged offender is reasonably suspected of or an accused is charged with is three years or more;
(3)when an alleged offender or accused who is not under custody or detention fails without proper excuse to appear as summonsed or scheduled, or has absconded, or is reasonably suspected to be about to abscond or directly or indirectly tamper with evidence;
(4)when an alleged offender or accused who has been provisionally released is unable to enter into a bail bond with a higher amount of money than the former one or is unable to provide additional or better security according to section 115.
Section67.A warrant of arrest may be issued against a person whose name is not yet known, but his identity must be detailed as much as possible.
Section68.A warrant of arrest shall remain operative until the arrest is successful, save where the criminal offence according to such warrant is barred by limitation or the warrant is recalled by the public officer or court issuing it.
Section69.The reasons for which a warrant of search can be issued are as follows:
(1)to find and seize an article which may serve as evidence supporting the inquiry, preliminary examination, or trial;
(2)to find and seize an article the possession of which constitutes an offence, or which has been obtained illegally, or which is reasonably suspected to have been used or intended to be used in the commission of an offence;
(3)to find and help an unlawfully restrained or detained person;
(4)to find a person required by a warrant of arrest;
(5)to find and seize an article according to a judgment or order of a court, in the event that it can no longer be found or seized otherwise.
Section70.No warrant of search shall be issued for finding and arresting a person, save where a warrant of arrest has also been issued against such person and the public officer who is to execute the warrant of search has both the warrant of search and the warrant of arrest.
Section71.Once an alleged offender or accused has been arrested successfully, the court may issue a warrant of detention against the alleged offender or accused at any stage of the inquiry, preliminary examination, or trial.
During inquiry, a public prosecutor or inquiry officer has the power to move the court to issue a warrant of detention according to the dispositions of section 87.
During a preliminary examination or trial, the court may issue a warrant of detention on its own motion or upon a motion from the prosecutor.
A warrant of detention shall remain operative until revoked by the court by replacing it with a warrant of release or warrant of imprisonment.
Section72.In the following events, a warrant of release shall be issued for an alleged offender or accused detained in accordance with a court warrant:
(1)when the court orders his provisional release;
(2)when a public prosecutor or inquiry officer applies to the court for his release because his detention during the inquiry is found to be unnecessary;
(3)when a public prosecutor submits a motion to the court, stating that the inquiry has ended with an order of non-prosecution of the alleged offender;
(4)when a public prosecutor fails to charge the alleged offender within the time designated by the court;
(5)when the court finds following a preliminary examination that the case is ill-grounded and orders dismissal of the charge, save where the prosecutor makes a request and the court finds it appropriate to detain the accused during appeal or final appeal;
(6)when the prosecutor withdraws the charge or compounds a personal offence, or when the court holds a trial and adjudges or orders that the charge be dismissed, save where the court finds it appropriate to detain the accused during appeal or final appeal;
(7)when the court has sentenced the accused to another punishment than death, imprisonment, or confinement to a definite area, and such other punishment is a fine, and the accused has paid the fine or is provisionally released by the court for a fixed number of days in order to allow him to find money to pay the fine to the court.
Section73.When any case is pending appeal or final appeal, if the accused has been under custody or detention for a period equal to or over the term of imprisonment or alternative imprisonment according to the judgment, the court shall issue a warrant of release for him, save where it deems otherwise in the event that the appeal or final appeal by the prosecutor is made in such a way that seeks an increase in his punishment.
Section74.Subject to sections 73 and 185, paragraph 2, when any person is sentenced to imprisonment or death or has to undergo imprisonment alternative to a fine, the court shall issue a warrant of imprisonment against him.
Section75.When a person sentenced to imprisonment has fully served his term of imprisonment, or he is released upon a royal pardon, or there is a ruling that he be conditionally released, or there is a law exempting him from the punishment, or his imprisonment is extinguished by a different cause, the court shall issue a warrant of release for him.
Section76.A warrant of detention, imprisonment, or release must be executed with dispatch.
Section77.A warrant of arrest shall be operative throughout the Kingdom.
Execution of a warrant of arrest may be based upon a certified true copy of the warrant or upon a telegraphic notice of issuance of the warrant. But in the latter case, the warrant or its certified copy shall be sent with dispatch to the public officer executing the warrant.
Section78.No administrative or police officer shall arrest any person without a warrant of arrest, save in the following events:
(1)when the person commits a flagrant offence as provided in section 80;
(2)when the person is found attempting to commit an offence or is found in a circumstance under which it should be suspected that he is going to commit an offence, because he is possessing a tool, weapon, or other object which may be used in the commission of an offence;
(3)when he is reasonably suspected to have committed an offence and to be about to abscond;
(4)when the person applying for his arrest notifies that he has committed an offence and that a regular complaint has also been submitted.
When a superior administrative or police officer conducts an arrest in person, no warrant is required, but it must be an event in which a warrant of arrest can be issued or an arrest can be conducted according to this Code.
Section79.No private citizen shall arrest another person, save where the criteria of section 82 are met or that person commits a flagrant offence and such offence is also specified in the schedule at the end of this Code.
Section80.That which is called a flagrant offence is an offence which is seen being committed or is found in any manner which doubtlessly indicates that it has just been committed.
However, a criminal offence specified in the schedule at the end of this Code shall be deemed flagrant in the following events:
(1)when a person is being pursued with hue and cry as if he were an offender;
(2)when a person is found, almost immediately after an offence is committed, in the vicinity of the scene of the incident, and he has an article obtained from the commission of an offence, or has a tool, weapon, or other object which can be presumed to have been used in the commission of an offence, or has visible traces of guilt upon his clothes or body.
Section81.Regardless of whether or not there is a warrant of arrest, no arrest shall be conducted—
(1)in a private place, save where the provisions of this Code pertaining to search in a private place are observed;
(2)in a royal palace or in a place where the King, Queen Consort, or Regent resides or stays, save where prior permission has been obtained from the Minister of Interior.
Section82.A public officer executing a warrant of arrest may request a person nearby to help executing the warrant, but he shall not force any person to help when it may endanger such person.
Section83.In conducting an arrest, the public officer or citizen conducting the arrest must notify the person to be arrested that he has to be arrested and order the arrestee to go to the office of an administrative or police officer together with him, but if necessary, such person may be taken thereto.
If the person to be arrested resists or is to resist the arrest, or absconds or attempts to abscond, the person conducting the arrest has the power to exercise all measures or means of prevention in so far as they are suitable for the circumstances of such arrest.
Section84.The public officer or citizen conducting an arrest must bring the arrested person to the office of an administrative or police officer with dispatch, and upon their arrival thereat, the warrant of arrest, if any, shall be taken out and read to the arrested person, and the reasons for his arrest shall also be notified to him.
The administrative or police officer to whom the arrested person is delivered may place the arrested person under custody or may provisionally release him. If the arrest was conducted upon a warrant, a report shall further be made to the official issuing the warrant. If the official issuing the warrant wants the arrested person, the arrested person shall be delivered to him.
If the arrest was conducted by a private citizen, the name, occupation, and address of the person conducting the arrest, as well as the information and circumstances about the arrest, shall be recorded, and the person conducting the arrest shall be required to give a countersignature.
In the event of necessity, the public officer or private citizen conducting the arrest may have the arrested person medically treated before delivering him according to this section.
Section85.The public officer conducting an arrest or receiving the delivery of an arrested person has the power to search the body of the alleged offender and seize all the articles which may be used as evidence.
Such search must be conducted politely. If a woman is to be searched, the search must be conducted by another woman.
The public officer has the power to retain any seized article until the the case is final. Upon finish of the case, the article shall be returned to the alleged offender or to another person who has the right to claim its return, save where the court orders otherwise.
Section86.No measure of custody shall be applied to an arrested person in excess of the mere necessity to prevent his abscondment.
Section87.No arrested person shall be placed under custody in excess of the necessity of the circumstances of the case. In the event that his offence is a petty one, he can be placed under custody only for the time required for interrogating him and ascertaining who he is and where he lives, save where a public officer finds that he would abscond if he is released.
No arrested person shall be placed under custody over forty-eight hours from the time of his arrival at the office of an administrative or police officer, but the duration of the travel to bring him to the court shall not be included in those forty-eight hours. In the event that the necessity to conduct inquiry or other necessity arises, the period of forty-eight hours may be extended to the extent necessary, but not over fifteen days.
If there arises the necessary to place the arrested person under custody over the time period according to the previous paragraph so as to allow the inquiry to be finished, the arrested person shall be sent to the court and a public prosecutor or inquiry officer shall move the court for a warrant of his detention.
In the event that the maximum rate of punishment carried by the criminal offence committed is imprisonment of not over six months, or a fine of not over five hundred baht, or both the imprisonment and the fine, the court has the power to order his detention for a single period of not over fifteen days.
In a different case, the court has the power to order his detention for multiple successive periods not over fifteen days each and not over three months in total at most.
In the event that a detention period ends, the court shall issue a warrant of release for the alleged offender, save where a public prosecutor has submitted a charge against the alleged offender or a public prosecutor or inquiry officer applies for continuation of his detention.
Section88.From the time an accused detained in accordance with a court warrant is charged, the court may continue to detain him or provisionally release him.
Section89.A warrant of detention or warrant of imprisonment must be executed in the territory of the court issuing it.
Section90.When any person is claimed to be under illegal custody or detention or to be imprisoned not in conformity with the judgment of a court, the following persons have the power to move the court for his release, namely—
(1)the person subjected to such condition;
(2)his husband, wife, or relative, or an interested person;
(3)a public prosecutor;
(4)the prison governor or warder.
Upon receipt of such a motion, the court shall summons the public officer or other person who causes the custody, detention, or imprisonment to happen and the person subjected to the custody, detention, or imprisonment to appear at the same time. If the court is satisfied that the custody or detention is illegal or the imprisonment does not conform to the judgment, the court shall order his release.
Section91.The provisions of section 81(2) shall apply mutatis mutandis to search.
Section92.No search shall be conducted in a private place without a warrant of search, save where it is conducted by an administrative or police officer and is in the following events:
(1)when a cry for help comes out from within the private place;
(2)when it appears that a flagrant offence is being committed within the private place;
(3)when a person who has committed a flagrant offence has absconded into the private place whilst being pursued or is firmly suspected to have taken refuge therein;
(4)when it is reasonably suspected that an article obtained from the commission of an offence is hidden or is in such place and it is also reasonably believed that the article would be removed because of the delay in obtaining a warrant of search;
(5)when the person to be arrested is the householder of such private place and his arrest is based upon a warrant of arrest or is conducted in accordance with section 78.
When a superior administrative or police officer conducts search in person, no warrant of search is required, but it must be an event in which a warrant of search can be issued or search can be conducted according to this Code.
Section93.No person shall be searched in a public place, save where the search is conducted by an administrative or police officer when the person is reasonably believed to possess an article for use in the commission of an offence, or which has been obtained through the commission of an offence, or the possession of which constitutes an offence.
Section94.The administrative or police officer who searches a private place shall order the owner thereof, or a person therein, or the person in charge thereof to allow his entry without restriction and to appropriately facilitate the execution of the warrant in every manner. In this respect, the officer shall display the warrant, or if the search can be conducted without a warrant, he shall reveal his name and position.
If the person mentioned in the first paragraph denies his entry, the officer has the power to enter the place by force. In the event of necessity, he may open or destroy house doors, home doors, windows, fences, or other similar barriers.
Section95.In the event that a lost article is searched for, the owner or possessor of such article or his representative may be allowed to accompany a public officer in conducting the search, if possible.
Section96.Search in a private place must be conducted between sunrise and sunset, subject to the following exceptions:
(1)when the search is started in the daytime, the search may be continued in the nighttime if it is still not finished;
(2)in the event of great urgency or in which search is specially permitted by other law, search may be conducted in the nighttime;
(3)search with a view to arresting a vicious person or important outlaw may be conducted in the nighttime, but it must be specially permitted by the Director General of the Police Department or, when conducted in a province, by the commissioner of such province; as regards the person leading such search, he must be the district chief or a police officer holding the rank of police sub-lieutenant or higher.
Section97.In the event that search is conducted upon a warrant, only the public officer named in the warrant of search or his substitute has the power to lead the execution of the warrant.
Section98.A private place can only be searched for finding persons or articles targeted by the search, subject to the following exceptions:
(1)in the event that the search is for finding articles without limitation, the public officer conducting the search has the power to seize any articles which may be used as evidence in favour of or against an alleged offender or accused;
(2)the public officer conducting the search has the power to arrest persons or [seize] other things at the place searched, when another specific warrant therefor has been obtained or in the event of a flagrant offence.
Section99.In conducting search, a public officer must try to avoid causing damage and chaos as far as possible.
Section100.If it is reasonably suspected that a person present at the place searched or to be searched would cause obstruction to the extent rendering the search unsuccessful, the public officer conducting the search has the power to place such person under the custody or care of a public officer during the search in so far as necessary for preventing his obstruction that would render the search unsuccessful.
If it is reasonably suspected that the person hides on his body the article which needs to be found, the public officer conducting the search has the power to search his body as provided in section 85.
Section101.Articles seized in the course of search shall be put in wrappings or packages sealed or marked with distinct symbols.
Section102.When searching a private place, the public officer conducting the search shall, before starting the search, express his candour first. And, as far as possible, the search shall be conducted in the presence of the possessor of the place or a member of his family or, if the mentioned person cannot be found, in the presence of at lest two other persons whom the public officer has requested to attend as witnesses.
Search of the residence or office of an alleged offender or accused who is being under custody or detention shall be conducted in his presence. If he cannot or desires not to supervise it, he may appoint a representative or witness to supervise it. If there is no such representative or witness, the search shall be conducted in the presence of a family member or witnesses as mentioned in the previous paragraph.
The possessor of the place, family member, alleged offender, accused, representative, or witnesses must be allowed to inspect any articles seized, in order that they would confirm their correctness. If the mentioned persons give or refuse to give their confirmation, this shall be recorded.
Section103.The public officer who conducts search shall record the details of the search and must make a detailed list of the articles found in the search.
The search record and the list of articles shall be read to the possessor of the place, family member, alleged person, accused, representative, or witnesses, as the case may be, who shall then be required to countersign them.
Section104.A public officer who has conducted search upon a warrant must promptly send the record and list mentioned in the previous section, together with the articles seized, if they can somehow be sent, to the warrant issuer or other public officer designated in the warrant.
In the event that another public officer than an inquiry officer has conducted search without a warrant, he shall send the record, list, and articles to an inquiry officer or any official that wants them.
Section105.As regards a letter, postcard, telegram, printed material, or other document which is sent by post or telegraphy from or to an alleged offender or accused, and is not yet delivered, if an official wants it for the sake of inquiry, preliminary examination, trial, or other activity according to this Code, he shall apply to a court for an order directing a postal or telegraphic official to send it to him.
If the Director General of the Police Department or commissioner of a province finds that such document is wanted to be used for the said activity, he has the power to ask an official in the postal or telegraphic service to impound the document pending an order from the court.
The provisions of this section do not apply to correspondences between an alleged offender or accused and his attorney-at-law.
Section106.A motion for provisional release of an alleged offender or accused without bail, or with bail, or with bail and security, can be filed by the alleged offender, or accused, or interested person in the following manners, whether or not he is being under custody or detention in accordance with a court warrant:
(1)when the alleged offender is being under custody and has not yet been charged before the court, it shall be filed with an inquiry officer or public prosecutor, as the case may be;
(2)when the alleged offender is being under detention in accordance with a court warrant and has not yet been charged before the court, it shall be filed with such court;
(3)when the alleged offender has been charged already, it shall be filed with the court of first instance addressing his case;
(4)in the course of an appeal or final appeal, it may be filed with the court of first instance having addressed the case or may be filed with the appellate court or Supreme Court of Justice.
Section107.Upon receipt of a motion for provisional release, the public officer or court shall give an order thereon with dispatch, using the criteria under the following six sections.
Section108.In ruling upon a motion for provisional release, the following issues shall be taken into consideration:
(1)the gravity of the allegations;
(2)the amount of the evidence adduced;
(3)the nature of all the circumstances of the case;
(4)the credibility of the movant, bail, or security;
(5)the likeliness that the alleged offender or accused will escape;
(6)the possibility and amount of the danger or damage that may ensue from the provisional release;
(7)in the event that the alleged offender or accused is being detained in accordance with a court warrant, if there is an objection from the inquiry officer, public prosecutor, or prosecutor, as the case may be, the court may take it into account for corroboration of the ruling.
Section109.In a case in which the maximum rate of imprisonment is ten years or more, if there is a motion for provisional release, the court must ask the inquiry officer, public prosecutor, or prosecutor if he would raise any objection.
Section110.In a case in which the maximum rate of imprisonment is one year or more, the provisionally released person must provide bail, whether with or without security also.
In a different case, a provisional release may be granted without bail at all, or with bail, or with bail and with security also.
Section111.When a provisional release is to be granted without bail at all, the alleged offender or accused shall, before the release is given, take an oath or make an affirmation that he will appear as scheduled or summonsed.
Section112.When a provisional release is to be granted with bail or with bail and security, the person serving as the bail bond agent or security shall sign the bail bond before the release is given.
In the bail bond, in addition to other contents which it should have, the following contents must also be contained:
(1)the person provisionally released or the bail bond agent, as the case may be, will observe the schedules or summonses from the public officer or court that grants the provisional release;
(2)when the bond is breached, the specified amount of money will be paid.
Section113.When a provisional release is ordered by an inquiry officer or public prosecutor, the bail bond shall only be operative during the inquiry, or until the alleged offender is ordered by the court to be detained during the inquiry, or until the court accepts the charge.
Section114.When a provisional release is to be granted with bail and with security also, the movant shall provide the required security before the release is given.
There are three types of security, namely—
(1)deposition of cash;
(2)deposition of other assets;
(3)offering of a person as security with a declaration of his assets.
Section115.If it later appears that, or if, as a result of fraud or mistake, the bail bond has been appraised too low or the security is insufficient, the public officer or court has the power to summon the persons relating to the bail bond to appear at the same time and, in the former event, alter the bail bond by increasing the amount of money or, in the latter event, demand additional or better security.
In the event that a provisional release has been granted by a court and the case passes to a higher court, the higher court has the power to revise the order of the lower court by requiring the accused to enter into or provide a bond with a higher amount of money, or if it finds that the security is insufficient, it may order the provision of additional or better security.
Section116.An application for withdrawal of a bail bond or withdrawal of security can be made when the person entering into the bail bond delivers the alleged offender or accused back to the public officer or court.
Section117.When the alleged offender or accused absconds or attempts to abscond, the person entering into the bail bond or serving as security may ask the nearest administrative or police officer to arrest the alleged offender or accused. If unable to ask for help from such officer in good time, he shall have the power to arrest the alleged offender or accused himself and send the latter to the nearest administrative or police officer, and such officer shall have the alleged person or accused sent with dispatch to the public officer or court, with the travelling costs borne by such person.
Section118.Once the case is final or the liability under the bail bond has ended in accordance with section 116 or for a different reason, the security shall be returned to the person who should receive it.
Section119.In the event that a bail bond entered into with a court is breached, the court has the power to order enforcement of the bail bond or as it finds appropriate, without having to require a case to be instituted. But when the court has given any order, the party against whom the bail bond is enforced or a public prosecutor has the power to file an appeal or final appeal.
Section120.No public prosecutor shall institute any case before a court without prior inquiry into the offences concerned.
Section121.An inquiry officer has the power to inquire into all criminal cases.
But if it is a personal offence, no inquiry shall be conducted without a regular complaint.
Section122.An inquiry officer may refrain from conducting inquiry in the following events:
(1)when the injured person asks for help but refuses to submit a regular complaint;
(2)when the injured person institutes a case himself without prior complaint;
(3)when a written denunciation is made in the form of anonymous letter or the person who makes an oral denunciation refuses to declare who he is or refuses to sign the denunciation or record thereof.
Section123.An injured person may submit a complaint to an inquiry officer.
Such complaint must contain, as far as possible, the name and address of the complainant, the nature of the offence, all the circumstances under which the offence has been committed, the injury suffered, and the name or identity of the offender.
This complaint may be submitted in writing or orally. If it is made in writing, it must contain the day, month, and year, as well as the signature of the complainant. If it is made orally, the inquiry officer shall record it, mark it with the day, month, and year, and have it affixed with the signatures of the recorder and the complainant.
Section124.An injured person may submit a complaint to an administrative or police officer whose position and duties are inferior or superior to an inquiry officer and whose duties are to maintain peace and order according to the law.
When a written complaint is filed with the mentioned officer, he shall promptly send it to an inquiry officer and may write down some notes for the benefit of the inquiry officer.
When an oral complaint is submitted, he shall promptly arrange for the injured person to meet an inquiry officer in order to have the complaint recorded as provided in the previous section. In the event of urgency, he may record it himself, but he shall then send it promptly to an inquiry officer and may write down some notes for the benefit of the inquiry officer.
Section125.When an inquiry officer or an administrative or police officer has conducted investigation or inquiry in whole or in part according to a request for help, it shall be the duty of such officer to arrange for a regular complaint to be submitted in accordance with the provisions of sections 123 and 124.
Section126.The complainant may revise the complaint at any stage or may withdraw the complaint at any time.
In a case which does not concern a personal offence, such withdrawal of the complaint does not preclude the power of an inquiry officer to conduct inquiry or a public prosecutor to institute the case.
Section127.The provisions of sections 123 to 126 shall apply mutatis mutandis to denunciations.
A public officer who has the duty to receive a denunciation may refrain from recording the denunciation in the following events:
(1)when the denunciator refuses to declare who he is;
(2)when the denunciation is in the form of anonymous letter.
When the denunciation has already been recorded but the denunciator ⟨re⟩fuses to sign it, the public officer receiving the denunciation may refrain from dealing with it.
Section128.An inquiry officer has the power to have another public officer act on his behalf in the following manners:
(1)when any matter of inquiry lies outside his jurisdiction, he has the power to commission an inquiry officer who has the power to carry it out to deal with it;
(2)when an insignificant matter of inquiry lies inside his jurisdiction, whether he initiates it himself or has been commissioned to carry it out, he has the power to order a subordinate to carry it out on his behalf, as long as this Code or other law does not specifically require him to carry it out in person.
Section129.In the event that the commission of an offence results in a death, inquiry, as well as inquest, shall be conducted in accordance with the provisions of this Code which pertain to inquest. If inquest is still not finished, the alleged offender shall not be charged before the court.
Section130.Inquiry shall be started without delay. It may be conducted at any place and at any time as may be found appropriate, without requiring the presence of the alleged offender.
Section131.An inquiry officer shall collect every kind of evidence as far as possible, with a view to learning all the facts and circumstances in relation to the alleged offence and ascertaining the identity of the offender and proving his guilt.
Section132.For the purposes of collecting evidence, an inquiry officer shall have the following powers:
(1)to inspect the body of the injured person with his consent, or to inspect the body of the alleged offender, or to inspect articles or locations which may bear evidence, and to produce photographs, maps, or drawings, or to reproduce or print fingerprints, palm prints, or footprints, and to record all details which may cast light upon the case;
(2)to search in order to find articles the possession of which constitutes an offence, or which have been obtained through the commission of an offence, or which have been used or are suspected to have been used in the commission of an offence, or which may be used as evidence, but the provisions of this Code pertaining to search must be observed;
(3)to summons those who possess articles which may be used as evidence, but the summonsed persons are not required to come in person and shall be deemed to have observed the summonses upon having sent the articles according thereto;
(4)to seize the articles discovered or sent as mentioned in subsections (2) and (3).
Section133.An inquiry officer has the power to summons an injured person or any person whose statement is reasonably believed to be of benefit to the case to appear at the time and place stated in the summons, and shall then interrogate him.
In conducting such interrogation, the inquiry officer may require the statement giver to take an oath or make an affirmation first, and he must observe the provisions of this Code which pertain to oral evidence.
The inquiry officer shall not give warning, use discouraging speech, or employ other trick to prevent any person from giving a statement he is willing to give.
Section134.When an alleged offender is summoned or sent to or of his own volition comes to an inquiry officer, or when it appears that any person who appears before an inquiry officer is an alleged offender, he shall be asked about his given name, family name, nationality, subjection, father and mother, age, occupation, residence, place of birth, and shall be notified of the allegations. In addition, he must be informed in advance that anything he states can be used as evidence against him in court. When the alleged offender is willing to give any reply, his reply shall be documented. If he is not willing to reply at all, this shall be recorded.
Section135.No inquiry officer shall do or cause to be done anything which deceives, or threatens, or offers a promise to an alleged offender in order to induce him to give any reply as to the allegations against him.
Section136.An inquiry officer may arrest and place under custody or cause to be arrested or placed under custody an alleged offender or any person who appears in the course of inquiry to be an offender, or may provisionally release him without any bail, or with bail, or with both bail and security, or may release him in accordance with the provisions of this Code governing such a matter.
Section137.Whilst carrying out an activity within a house, home, or any other place, an inquiry officer has the power to order any person to refrain from leaving it for a necessary period only.
Section138.An inquiry officer has the power to, by himself or by commission, inquire into the life history and habitual conduct of an alleged offender, but he must notify the alleged offender of all the information obtained.
Section139.An inquiry officer shall record his inquiry according to the general principles of this Code which pertain to inquiry, and shall compile into a file the record, other documents obtained, as well as all the records and documents sent by other public officers who inquired into the same case.
Documents filed as evidence shall be included in the file. Regarding other articles, a detailed list of them shall be made and included in the file.
Section140.When the inquiry officer in charge of inquiry finds that the inquiry is finished, he shall proceed with it in any of the following manners:
(1)if it is not known who the offender is and the maximum rate of imprisonment carried by the offence is not over three years, the inquiry officer shall stay the inquiry and record the reasons therefor before sending the record together with the file to a public prosecutor;
if the maximum rate of imprisonment is over three years, the inquiry officer shall send the file to a public prosecutor together with the opinion as to why the inquiry should be stayed;
if the public prosecutor orders the inquiry to be stayed or continued, the inquiry officer shall comply therewith;
(2)if the offender is known, the provisions of the following four sections shall apply.
Section141.If the offender is known but he cannot yet be summoned or arrested, when any information has been obtained through the inquiry, an opinion as to whether an order of prosecution or non-prosecution should be given shall be formulated and sent to a public prosecutor together with the file.
If the public prosecutor agrees that an order of non-prosecution should be given, he shall end the inquiry with an order of non-prosecution and notify the inquiry officer of this order.
If the public prosecutor finds that the inquiry should be continued, he shall order the inquiry officer to do so.
If the public prosecutor finds that an order of prosecution should be given, he shall make any arrangement for securing the person of the alleged offender. If the alleged offender is in a foreign country, the public prosecutor shall arrange for him to be extradited.
Section142.If the offender is known and he is being under custody or detention, or has been provisionally released, or is believed to appear upon being summonsed, the inquiry officer shall, according to the merits of the inquiry, formulate an opinion as to whether an order of prosecution or non-prosecution should be given and send it to a public prosecutor together with the file.
In the event that an opinion for an order of non-prosecution should be proposed, only the file together with the opinion shall be sent to a public prosecutor. As regards the offender, the inquiry officer shall have the power to grant a release or provisional release. If the offender is being detained, he shall apply to the court himself for his own release or shall ask a public prosecutor to so apply.
In the event that an opinion for an order of prosecution should be proposed, the inquiry officer shall send the file together with the offender to a public prosecutor, save where the offender has already been detained.
But if it is an offence which the inquiry officer may settle and the offender has already complied with the settlement, such settlement shall be recorded and sent to a public prosecutor together with the file.
Section143.Upon receipt of the opinion and file from the inquiry officer as mentioned in the previous section, the public prosecutor shall do as follows:
(1)in the event that the opinion is for an order of non-prosecution, he shall order non-prosecution or order the inquiry officer to continue the inquiry, or shall order prosecution and notify the inquiry officer to send the alleged offender forwards for further prosecution, as the case may be;
(2)in the event that the opinion is for an order of prosecution, he shall order prosecution and charge the offender before the court, or if he does not concur therewith, he shall order non-prosecution.
In either of the above events, the public prosecutor has the power—
(a)to order, if he finds it appropriate, the inquiry officer to send any witness forth for interrogation, in order that any order could further be adopted;
(b)to rule whether the alleged offender should be released, provisionally released, or placed under custody, or an application should be made to a court for his detention, as the case may be, and to make arrangements or orders for the implementation thereof.
In a murder case where the deceased was killed by a public officer whilst performing a duty, only the Director General of the Public Prosecution Department or his substitute has the power to order prosecution or non-prosecution of the public officer who caused such death.
Section144.In the event that the public prosecutor orders prosecution and the offence in question is one which may be settled, the public prosecutor, if he finds it appropriate, has the following powers:
(1)order the inquiry officer to attempt to settle the case instead of sending the alleged offender to the public prosecutor;
(2)order the alleged offender who has already been sent to the public prosecutor to be sent back together with the file to the inquiry officer, who shall then attempt to settle the case, or, if found appropriate, order another competent inquiry officer to implement the settlement on his behalf.
Section145.In the event that an order of non-prosecution is given and such order does not belong to the Director General of the Public Prosecution Department, the inquiry file together with the order shall, if it is in the province of Phra Nakhon or Thon Buri, be sent with dispatch to the Director General of the Police Department or Deputy Director General of the Police Department or, if it is in a different province, be sent with dispatch to the commissioner of the province. But this does not preclude the power of a public prosecutor to deal with the alleged offender in any manner as provided in section 143.
In the event that the Deputy Director General of the Police Department or Director General of the Police Department, for the provinces of Phra Nakhon and Thon Buri, or the commissioner of the province, for a different province, dissents with the order of the public prosecutor, the file together with the dissenting opinion shall be sent to the Director General of the Public Prosecution Department for decision within a period of one month from the day of his receipt of the file. But if the case is going to be barred by limitation or there is a different reason for which the case needs to be instituted instantly, the case shall be instituted in accordance with the opinion of the Deputy Director General of the Police Department, Director General of the Police Department, or commissioner of the province for the time being.
The provisions of this section shall apply mutatis mutandis to the submission of an appeal or final appeal or withdrawal of a charge, appeal, or final appeal by a public prosecutor.
Section146.The alleged offender and the complainant shall be notified of the conclusive order of non-prosecution. If the alleged offender is being under custody or detention, he shall be released or an application for his release shall be made to a court, as the case may be.
Section147.Once a conclusive order of non-prosecution has been given, no inquiry shall again be conducted in relation to that person for the same matter, save where fresh evidence important to the case and likely to enable the court to punish the alleged offender has been obtained.
Section148.When it certainly appears or is reasonably suspected that any person has died unnaturally, except because of having been put to death by an official according to the law, inquest shall be conducted.
Unnatural deaths are—
(1)suicide;
(2)death caused by another person;
(3)death caused by an animal;
(4)death caused by an accident;
(5)death of a cause not yet known.
Section149.Wherever an unnatural death occurs, it shall be the duty of the husband, wife, relative, friend, or guardian of the deceased who has learnt of such death to deal with it as follows:
(1)keep the corpse at the very place where it is found, as long as possible;
(2)go inform an administrative or police officer as promptly as possible.
The duty stated in the first paragraph extends to other persons who find the corpse in a place where no husband, wife, relative, friend, or guardian of the deceased is present.
Whoever fails to perform the duty provided in this section shall be culpable and be punished with a fine of not over a hundred baht.
Section150.An inquiry officer of the locality where a corpse is, together with a subdistrict physician or other physician, shall conduct inquest promptly and shall record the details of such inquest.
If a death occurs as a result of an action of a public officer whilst performing a public service under his duty, inquest also requires the participation of a judge from the court of the first instance in the territory of which the locality where the inquest is conducted is.
It shall be the duty of the inquiry officer to alert those who have to duty to go conduct inquest.
Section151.Whenever it is necessary in order to discover the cause of a death, the public officer who conducts inquest has the power to order dissection of a corpse and analysis of any parts thereof, or may have a corpse sent in whole or in part to a government physician or analyst.
Section152.The government physician or analyst shall do as follows:
(1)make a report on the condition of the corpse or parts thereof as seen or shown from inspection, accompanied by an opinion thereon;
(2)indicate the cause of the death as well as he can;
(3)affix the day, month, year, and signature to the report and send it to the public officer who conducts inquest.
Section153.If the corpse has already been buried, the person who conducts inquest shall arrange for it to be unburied for the sake of inspection, save where he finds that it is not necessary or it would endanger the public health.
Section154.The person who conducts inquest shall formulate a written opinion indicating what the cause and circumstances of the death are, who the deceased was, where and when he met his death, and if he died of an assault, who the offender or suspect is shall be stated as far as known.
Section155.The provisions of this Code which pertain to inquiry shall apply mutatis mutandis to inquest.
Section156.In the event that the death is not the result of the commission of a criminal offence, the inquest file shall be sent to the commissioner of the province.
Section157.To institute a criminal case, a charge shall be filed with any court which has the powers according to the provisions of this Code or other law.
Section158.A charge must be made in writing and contain—
(1)the name of the court and the day, month, and year;
(2)who the prosecutor and accused in the case are, and the titles of the offences;
(3)the position of the public prosecutor who is the prosecutor; if the prosecutor is a private citizen, the given name, family name, age, address, nationality, and subjection shall be inserted;
(4)the given name, family name, address, nationality, and subjection of the accused;
(5)all the acts alleged to have been committed by the accused, the facts and details about the time and place those acts occurred, as well as the persons or articles concerned, to the extent sufficient to enable the accused to understand the allegations well;
in a defamation case, the speech, writing, drawings, or other things relating to the alleged defamation shall be stated in full or annexed to the charge;
(6)references to sections of law which provide that those acts constitute offences;
(7)the signatures of the prosecutor and the person who drafted, wrote, or typed the charge.
Section159.If the accused has once been adjudged to punishment due to the commission of an offence and the prosecutor wants his punishment to be increased on account of recidivism, this shall be stated in the charge.
If no application for increase of punishment is made in the charge, the prosecutor may move for amending the charge before the court of first instance gives the judgment. When finding it appropriate, the court may give permission.
Section160.Several counts may be included in the same charge, but they shall be separated from each other and ordered consecutively.
Each count may be considered independent of each other. If finding it appropriate, the court may order one or several counts to be tried separately from the others and may give such order before or during the trial.
Section161.If the charge does not conform to the law, the court shall order the prosecutor to rectify it, or shall dismiss it, or shall refuse to accept it.
The prosecutor has the power to appeal such court order.
Section162.If the charge has already conformed to the law, the court shall proceed to give the following order:
(1)if the prosecutor in the case is a private citizen, a preliminary examination shall be conducted, but if a public prosecutor has already charged the accused with the same offence, the case shall be dealt with in accordance with subsection (2);
(2)if the prosecutor in the case is a public prosecutor, no preliminary examination is required, but if it founded appropriate, a preliminary examination may be ordered to be conducted first.
In the event that the mentioned preliminary examination has been conducted, if the accused replies guilty, the court shall accept the charge for trial.
Section163.When there is an appropriate reason, the prosecutor has the power to move the court for making a revision or addition to the charge before the court of first instance gives the judgment. If finding it appropriate, the court may give permission or may order a preliminary examination to be conducted first. Once permission has been given, a copy of the revised or additional charge shall be served upon the accused for his reply, and the court may order the additional charge to be tried separately.
When there is an appropriate reason, the accused may move for making a revision or addition to his own reply before the court gives the judgment. If the court finds it appropriate to give permission, it shall serve a copy thereof upon the prosecutor.
Section164.As regards a motion for making a revision or addition to the charge, if it would prejudice the defence of the accused, the court shall not give permission. But a revision to the title of an offence or a detail which has to be mentioned in the charge, or an addition of the title of an offence or a detail which is been mentioned in the charge, regardless of whichever stage of the trial before the court of first instance it is made at, shall not be deemed prejudicial to the accused, save where the accused has been misled to defend the incorrect or unmentioned point.
Section165.In a case in which the prosecutor is a public prosecutor, on the preliminary examination day, the accused shall come or be taken under restraint to the court and the court shall serve a copied charge upon them one by one. When the court believes that they are actually the accused, it shall read and explain the charge to them and ask if they have actually committed the offence and how they would reply in defence. The replies of the accused shall be docketed. If the accused refuse to reply, the court shall docket this and proceed with the preliminary examination.
The accused have no power to adduce evidence in the course of the preliminary examination. But this does not preclude the right of the accused to be assisted by attorneys.
In a case in which the prosecutor is a private citizen, the court has the power to conduct a preliminary examination in absence of the accused. The court shall serve a copied charge upon each of the accused and notify them of the day scheduled for the examination. The accused may attend or omit the preliminary examination. If they attend it, they may be assisted by attorneys in cross-examining the prosecution witnesses. The court shall not ask the accused to reply, and before the court accepts the charge, the accused shall not be treated as such.
Section166.If the prosecutor fails to appear according to the schedule, the court shall dismiss the charge. But if the court finds that there is an appropriate ground for his failure to appear, it may order the case to be adjourned.
As regards a case in which the charge has been dismissed by the court in the mentioned manner, if, within fifteen days from the day the court dismissed the charge, the prosecutor appears and submits a motion by which he successfully demonstrates to the court the appropriate ground for his failure to appear, the court shall take up the case and preliminarily examine it again.
As regards a case in which the charge has been dismissed by the court in the mentioned manner, the accused shall not be charged with the same matter again. But if a private citizen is the only prosecutor in the case so dismissed by the court, it does not preclude the power of a public prosecutor to reinstitute the case, save where the case concerns a personal offence.
Section167.If the case appears to be well-founded, the court shall accept the charge for further trial in regard to the well-founded counts only. If the case is ill-founded, a judgment dismissing the charge shall be given.
Section168.Once a court has accepted a charge, it shall serve a copied charge upon the accused one by one, save where the accused have already received ones.
Section169.Once the court has accepted the charge but the accused cannot yet be brought before it, the court shall issue a summons or warrant of arrest, whichever appropriate, so that the trial could further proceed.
Section170.The court order declaring the case well-founded shall be conclusive. But the order declaring the case ill-founded shall be subject to the power of the prosecutor to submit an appeal or final appeal according to the provisions pertaining to appeals and final appeals.
Upon a motion of the prosecutor, the court may detain an accused or provisionally release him during an appeal or final appeal.
Section171.The provisions pertaining to inquiry and trial, save section 175, shall apply mutatis mutandis to preliminary examinations.
Section172.The trial and the taking of evidence in court shall be conducted in public and in the presence of the accused, save where it is otherwise provided.
When the prosecutor or his attorney and the accused appear before the court and the court believes that this is actually the accused, it shall read and explain the charge to the accused and ask if he has actually committed the offence and how he would reply in defence. The replies of the accused shall be docketed. If the accused refuses to reply, the court shall docket this and proceed with the trial.
Section173.In a serious case in which the maximum rate of imprisonment is ten years or more, or in a case in which the accused is a child according to section 56, 57, or 58 of the Penal Code, the court shall, before starting the trial, ask the accused if he has an attorney. If he has none and needs one, the court shall appoint one for him.
Section174.Before introducing his evidence, the prosecutor has the power to make an opening statement in order that the court would understand the case for the prosecution, that is to say, he shall state the nature of the charge as well as the evidence to be adduced for proving the guilt of the accused. Upon finish thereof, the prosecutor shall introduce his evidence.
Once the prosecution evidence has been taken, the accused has the power to make an opening statement in order that the court would understand the case for the defence, that is to say, he shall state the facts or laws he intends to cite and shall produce the evidence he is to adduce. Upon finish thereof, the accused shall introduce his evidence.
Once the taking of the defence evidence is finished, the prosecutor and the accused have the power to make their own closing arguments orally, in writing, or in both forms.
In the course of the trial, if the court finds that it is not necessary to take any evidence or do anything further, it may order such evidence or thing to be dispensed with.
Section175.Once the prosecutor has finished adducing his evidence, the court, if finding it appropriate, has the power to summon the inquiry file from the public prosecutor to corroborate its ruling.
Section176.In the trial instance, if the accused replies guilty as charged, the court can then render the judgment. But if the maximum rate of imprisonment governing the case is ten years or more, the court must hear the prosecution evidence until it is satisfied that the accused has actually committed the offence.
Section177.The court has the power to order the trial to be conducted in secret on its own motion or upon a request from any party, but this must be in the interest of peace and order or good morals of the public or for the prevention of a secret which relates to the safety of the Country from leaking to the public.
Section178.When the trial is conducted in secret, only these persons have the right to be present in the trial chamber, namely—
(1)the prosecutor and his attorneys;
(2)the accused and his attorneys;
(3)the persons in charge of custody of the accused;
(4)witnesses and specialists;
(5)interpreters;
(6)the interested persons permitted by the court;
(7)court officers and court security guards, as may be found appropriate.
Section179.Subject to this Code or other law, the court may conduct trial without adjournment until it is finished.
If a witness fails to appear or there is a different reason for which the trial should be adjourned, the court shall adjourn the case as it finds appropriate.
Section180.The provisions of the Civil Procedure Code concerning the maintenance of order in court shall apply mutatis mutandis to the trial of a criminal case, but the accused shall not be ordered to leave the trial chamber, save where he obstructs the trial.
Section181.The provisions of sections 139 and 166 shall apply mutatis mutandis to trial.
Section182.When a case is pending a preliminary examination or trial, if an interlocutory motion is raised, the court shall give an order upon it as it finds appropriate. Once the trial is finished, it shall give a judgment or order according to the merits of the case.
The judgment or order shall be read in public court on the day the trial is finished or within three days from the finish of the case. If there is an appropriate reason, the giving of the judgment may be adjourned to a different day, but the reason therefor must be docketed.
Once the court has read it to the parties, the parties shall be required to sign it. If the prosecutor is at fault in failing to appear, it may be read without the presence of the prosecutor. When the accused is absent, the court may refrain from reading it until the accused is brought in. If necessary, a warrant of arrest may be issued. When the accused cannot be brought in within one month from the first day scheduled for the reading, the court may conduct the reading in absence of the accused.
In the event that the reading of a judgment or order has be adjourned because any of the accused is absent, if the remaining accused are to be acquitted, the court shall have the power to provisionally release them pending the reading of the judgment or order.
Section183.A judgment, or order, or dissenting opinion must be given in writing signed by the judges sitting for the trial. If any of the judges sitting for the trial disagrees therewith, he has the power to give a dissenting opinion. This dissenting opinion shall be included in the file.
Section184.The chief judge, justice commissioner, head judge of the court in question, or judge rapporteur shall preside over the deliberative meetings for adoption of a judgment or order, at which he shall ask the judges sitting for the trial to one by one express their opinions upon every issue which needs to be ruled. The presiding officer shall be the last person to express an opinion. The ruling shall be based upon the majority of votes. If any question meets two or more than two dissenting opinions and no majority can be found, the judges whose opinions are more unfavourable to the accused shall yield to the judges whose opinions are less unfavourable to the accused.
Section185.If the court finds that the accused did not commit the offence, the acts of the accused do not constitute an offence, the case has already been barred by limitation, or there is a lawful reason for which the accused should not be punished, the court shall dismiss the charge of the prosecutor and acquit the accused. But the court may order the accused to be detained or provisionally released whilst the case is still not final.
When the court finds that the accused committed the offence and his punishment cannot be exempted according to the law, the court shall punish the accused as per his guilt. But when finding it appropriate, the court may provisionally release the accused whilst the case is still not final.
Section186.A judgment or order must at least contain the following important items:
(1)the name of the court and the day, month, and year;
(2)who the prosecutor and accused in the case are;
(3)the subject;
(4)the allegations and the replies;
(5)the facts found from the trial;
(6)the reasons for the ruling on both the questions of fact and of law;
(7)the provisions or sections invoked;
(8)the decision as to the dismissal of the charge or the infliction of punishment;
(9)the ruling of the court regarding the exhibits or civil claims.
The judgment in a case relating to a petty offence is not required to contain subsections (4), (5), and (6).
Section187.An interlocutory order must at least contain—
(1)the day, month, and year;
(2)the legal reasons for its giving;
(3)the order.
Section188.A judgment or order shall be operative from the day of its reading in public court onwards.
Section189.When an accused who has been adjudged to punishment is impoverished and applies for a certified true copy of the judgment, the court shall furnish him with one copy free of costs.
Section190.No modification shall be made to a judgment or order which has been read already, save for the statements written or typed erroneously.
Section191.When doubt arises as to the execution of a judgment or order, if any interested person submits a motion to the court which gave the judgment or order, that court shall provide a clear explanation.
Section192.No judgment or order shall be given in excess of what is applied for or in respect of what is not mentioned in the charge.
If the court finds that the facts known from the trial differ from the facts mentioned in the charge, the court shall dismiss the charge instituting the case.
If the court finds that some of the facts mentioned in the charge and those known from the trial are not what the prosecutor desires the punishment for, the court shall not punish the accused on account of those facts.
If the court finds that the prosecutor has successfully proved the facts according to the charge but he incorrectly cites titles of offences or legal provisions or sections, the court has the power punish the accused according to the correct titles.
If the offence charged consists of various acts each of which may constitute the offence by itself, the court may punish the accused on account of any of the acts discovered through the trial.
Section193.A case in which an appeal is made against a judgment or order of a court of first instance on points of fact and points of law shall pass to an appellate court, save where it is prohibited by this Code or other law.
Every appeal must orderly specify the facts in brief or the laws invoked.
Section194.If an appeal is only based upon questions of law, in ruling those questions of law, the appellate court must hear the facts found by the court of first instance according to the evidence in the file.
Section195.All the points of law invoked by an appellant shall be expressly expressed in the appeal petition, but they must be ones which have already been raised before the court of first instance.
The points of law which relate to peace and order or which relate to the failure to observe the provisions of this Code pertaining to appeals can be invoked by any appellant or court, even though they have not been raised before any court of first instance.
Section196.An interlocutory order which does not result in conclusion of the case shall not be appealed until a judgment or order on important issues is given and such judgment or order is also appealed.
Section197.The fact that an appeal has already been made against a judgment or order does not preclude the right of another rightful appellant to make an appeal also.
Section198.An appeal shall be filed with the court of first instance within a period of fifteen days from the day the judgment or order was read to the accused, and the provisions of sections 223 and 224 shall apply mutatis mutandis.
Section199.An appellant who is being detained or imprisoned in a prison may file an appeal with a warder within the limitation period governing the appeal. Upon receipt of the appeal, the warder shall issue a receipt to the appellant and shall send the appeal to the court of first instance with dispatch.
Any appeal which was filed with a warder and reached the court after the passage of the limitation period governing it shall be deemed to have been filed within the limitation period governing it, if it appears that the delay is not the fault of the appellant.
Section200.The court shall serve a copy of the appeal upon the other party for him to reply within a period of seven days from the day of his receipt thereof.
Section201.When the court is unsuccessful in serving a copy of the appeal upon the other party or has already received his reply to the appeal, or the period for him to submit a reply to the appeal has already passed, the court shall send the file to the appellate court with dispatch.
Section202.An appellant has the power to move the court of first instance for withdrawal of his appeal before it sends the file to the appellate court. In this event, the court of first instance may, by order, grant the motion. When the file has already been sent, the motion shall be filed with the appellate court or with the court of first instance so as to be sent to the court for appeal for its order, but this must be done before the judgment of the appellate court is read.
Once the withdrawal has been granted, the judgment or order of the court of first instance shall, if it is not also appealed by the other party, become conclusive only in respect of the withdrawer. If it is also appealed by the other party, it shall become conclusive only after the case reaches its finality without the judgment or order of the court of first instance having been revised.
Section203.The appellate court shall conduct trial in public only when the parties are scheduled or permitted to appear at the same time or the taking of evidence is required.
Section204.When trial is to be conducted in public court, the appellate court shall, not less than five days in advance, issue a writ scheduling the date of the trial to the parties for their information.
The hearing of arguments shall not be scheduled to be held later than fifteen days from the day of receipt of the file. If there is a special reason, it may be held later than that, but not than two months. The reason for its being late must be docketed by the court.
Section205.A motion for permission to make an oral argument shall be attached to the appeal petition or appeal reply.
A written argument shall be filed before the day the appellate court gives the judgment.
An argument, whether oral or written, shall not be deemed to be part of the appeal. It shall merely be regarded as an explanation on the points of appeal or appeal reply.
A written argument may be filed either with the court of first instance or with the appellate court.
Section206.Regulations governing oral arguments are as follows:
(1)if any party applies for permission to make an argument, such party shall state his argument first and the other party shall then reply, upon finish of which the former party can also reply to the reply;
(2)if both parties apply for permission to make an argument, the appellant shall state his argument first and the other party shall then reply, upon finish of which the appellant can also reply to the reply;
(3)if both parties apply for permission to make an argument and both are appellants, the prosecutor shall state his argument first and the accused shall then reply, upon finish of which the prosecutor can also reply to the reply.
Section207.When a judgment is appealed, the appellate court has the power to order the court of first instance to issue a summons or warrant of arrest for the accused whom that court has released, in order to detain or provisionally release him during the appeal, or if the accused is being detained during the appeal, it may order the court of first instance to release or provisionally release him.
Section208.In trying a case appealed according to this Chapter—
(1)if the appellate court finds it appropriate to take additional evidence, it shall have the power to take evidence itself or order the court of first instance to take it on its behalf, and once the court of first instance has finished the taking of evidence, it shall send the file to the appellate court for further ruling;
(2)if the appellate court finds it necessary because the court of first instance failed to observe proper proceedings, it shall give a judgment ordering the court of first instance to conduct the trial and give a judgment or order anew according to the merits of the case.
Section209.The appellate court shall give a judgment without delay, and the judgment may be read at the appellate court or sent to the court of first instance to be read there.
Section210.When the appellate court finds that an appeal petition is not filed within the time limit, it shall give a judgment dismissing such appeal petition.
Section211.When an appeal is made against a judgment on important issues and against an interlocutory order also, the appellate court may adjudicate upon them through the same judgment.
Section212.In a case in which an accused appeals the judgment punishing him, the appellate court shall not give a judgment increasing the punishment of the accused, save where the prosecutor has made an appeal to that effect.
Section213.In a case in which an accused appeals the judgment punishing multiple accused for the same offence or connected offences, if the appellate court reverses or revises the judgment of the court of first instance by removing or reducing his punishment, even for reasons pertaining to the nature of the case, the appellate court has the power to extend its judgment to the other accused who have not made any appeal, in order that their punishment be removed or reduced in the same manner as the appellant.
Section214.Apart from the contents required for a judgment of a court of first instance, a judgment of an appellate court must also have the following contents:
(1)the name or position of the appellant;
(2)the statement that the judgment of the court of first instance is reaffirmed, rescinded, revised, or reversed.
Section215.Apart from those previously provided, the provisions pertaining to trial, judgments, and orders of the courts of first instance shall apply mutatis mutandis to the courts of appellate instance.
Section216.In a case in which the judgment or order of an appellate court has been read already, a party has the power to make a final appeal against such judgment or order within one month from the day it was read to the accused, subject to sections 217 to 221.
Such final appeal shall be filed with the court of first instance and the provisions of sections 200 and 201 shall apply mutatis mutandis.
Section217.In a case in which a final appeal that a party can make is restricted to questions of law only, this restriction shall also apply to all the parties and persons involved in the case.
Section218.In a case in which an appellate court gives a judgment reaffirming [a judgment or order of] a lower court or merely making insignificant revisions to it and punishing the accused with imprisonment of not over five years, or a fine, or both the imprisonment and the fine when the imprisonment is not over five years, no party shall make a final appeal on questions of fact.
Section219.In a case in which the original court and an appellate court have given judgments dismissing the charge on points of facts, the prosecutor shall be prohibited from making a final appeal.
Section220.In a case in which the original court has adjudged the accused to imprisonment of not over one year, or a fine of not over a thousand baht, or both the imprisonment and the fine, even though the appellate court gives a judgment making significant revisions to it, if the appellate court still inflict upon the accused a punishment not over the mentioned limit, no party shall make a final appeal on questions of fact.
Section221.In a case in which a final appeal is prohibited by section 218, 219, or 220 of this Code, if any judge trying the case before, or signing the judgment of, or making a dissenting opinion in the court of first instance or appellate court considers that the matters decided give rise to important questions which should be sent up to the highest court and he permits the final appeal, or the Director General of the Public Prosecution Department signs the final appeal to confirm that there is an appropriate reason for it to be ruled by the highest court, such final appeal shall be accepted for further consideration.
Section222.If the case is only based upon points of law, the Supreme Court of Justice must, in ruling those questions of law, hear the facts previously ruled by an appellate court according to the evidence in the file.
Section223.It shall be duty of the court of first instance to inspect a final appeal so as to decide whether or not it should be accepted to further be sent up to the Supreme Court of Justice according to the provisions of this Code. If it found to be unacceptable, the reasons shall be expressly documented in the order of that court.
Section224.When the court of first instance refuses to accept a final appeal, a party may file a final appeal in the form of a motion for appeal against the order of such court with the Supreme Court of Justice. This motion shall be filed through the court of first instance within a period of fifteen days from the day the order was read. Following that, that court shall forthwith forward the motion to the Supreme Court of Justice together with the appeal and the judgments or orders of the court of first instance and the appellate court.
When the Supreme Court of Justice finds it appropriate to inspect the file for the sake of giving an order on the motion, it shall order the court of first instance to send it forwards.
Section225.The provisions pertaining to trial, judgments, and orders in the appellate instance shall apply mutatis mutandis to the final appellate instance, with the exception that no dissenting opinion shall be made.
Section226.The real evidence, documentary evidence, or oral evidence which can be adduced is one which is likely to prove the guilt or innocence of the accused. However, it must not be evidence which is brought into existence through inducement, promise, threat, deception, or other wrongdoing, and it shall be taken in accordance with the provisions of this Code or other law pertaining to the taking of evidence.
Section227.The court shall exercise its discretion to weigh all evidence and shall not give a judgment for infliction of punishment until it is certain that the offence has actually been committed and the accused is the one committing it.
When it is reasonably doubted as to whether the accused has committed the offence, the benefit of such doubt shall be given to the accused.
Section228.During the trial, the court has the power to take additional evidence on its own motion or upon a request from any party. The evidence may be taken by the court itself or by commission.
Section229.The evidence is taken by the court. It may be taken inside or outside the court, as may be found appropriate according to its nature.
Section230.When it is necessary, the court shall have the power to go take evidence outside the court by itself, or order its judicial clerk to go take it, or commission another court to take it. The person taking evidence outside the court and the commissioned court shall have the powers and duties as the original court, and the commissioned court shall have the power to further commission another court.
When a party applies to the court for permission to go attend the trial, the court shall give an order or make arrangements for implementation of such application.
If any party desires not to attend the trial, he may file an interrogatory in writing, and the court or person taking evidence outside the court shall take the evidence according thereto.
The file or a copied charge, a copied reply, and documents or exhibits shall be sent as far as necessary to the person taking evidence outside the court or to the commissioned court for the sake of the taking of such evidence. When the party applying for the taking of such evidence desires not to attend the trial, he shall submit an interrogatory in writing.
The person taking evidence outside the court or the commissioned court shall, upon finish of the taking of evidence, send dockets as well as documents or exhibits to the original court.
Section231.When any party or person is required to testify as to or send any of the following kinds of evidence:
(1)a document or piece of information which is still under official confidentiality;
(2)a confidential document or piece of information obtained or learnt through his occupation or duty;
(3)a method, design, or other work which the law protects and prohibits from disclosure; such party or person has the power to refuse to testify as to or send the evidence, save where permission has been obtained from the official or person relating to such confidentiality.
If any party or person refuses to testify as to or send the mentioned evidence, the court has the power to summons the official or person relating to such confidentiality to give statement to the court for the purpose of ruling as to whether the refusal is rational. If finding that it is irrational, the court shall direct him to testify as to or send such evidence.
Section232.No prosecutor shall adduce an accused as a witness.
Section233.An accused may adduce himself as a witness. In the event that an accused adduces himself as a witness, the court may permit his evidence to be taken before that of the other defence witnesses. If the evidence given by one accused incriminates or prejudices another accused, the latter accused may cross-examine him.
Section234.No witness shall be required to reply to a question which may directly or indirectly incriminate him. When such question occurs, the court shall warn the witness.
Section235.During trial, the court has the power to interrogate any prosecutor, accused, or witness as it finds appropriate.
No accused shall be interrogated merely for corroborating the case for the prosecution when it is defective, save where the accused adduces himself as a witness.
Section236.During trial, the court has the power to order removal of a person who is to serve as a witness and is not the accused from the trial chamber until he is introduced for the giving of evidence. In addition, once the witness has finished giving evidence, he may be permitted to wait within the trial chamber for the time being.
Section237.The court shall docket a testimony given in the course of a preliminary examination or trial and read it out for the witness to hear in the presence the accused, save in the events provided in section 165, paragraph 3.
Section238.Only the original document can be cited as evidence. If the original cannot be found, a certified true copy or oral evidence of its contents can be cited.
If a public document is cited as evidence, even though the original still exists, a copy certified true by an official may be sent, save where the summons indicates otherwise.
Section239.When a party cites any document but it is not under his possession, if he notifies the court of its nature and location, the court shall summons the person possessing it to bring it to the court.
Section240.When a document is used as evidence in court, it shall be read or sent to the parties for inspection. If any party wants a copy, the court has the power to order the party citing it to send a copy to the other party as it finds appropriate.
Section241.Anything used as real evidence must be brought to the court.
In the event that it cannot be brought, the court shall go inspect and make a note of it at the very place where it is, subject to the time and method which the court finds appropriate according to its nature.
Section242.During inquiry, preliminary examination, or trial, the parties or witnesses must be permitted to inspect an article used as real evidence.
If it has been unpacked or unsealed, repacking or resealing must be made in the presence of the relevant parties or witnesses.
Section243.Whoever, whether or not by cause of his occupation, specialises in any field, such as science, arts, handicraft, commerce, medicine, or foreign law, and whose opinion may benefit the ruling of a case, may, in the course of inquiry, preliminary examination, or trial, serve as a witness in such matters as the inspection of the body or mind of an injured person, alleged offender, or accused, the inspection of fingerprints, the conduct of experiments, or other affairs.
The court may permit the specialist to submit his opinion in writing, but it must require him to give evidence corroborating such writing. Copies of the mentioned writing shall, not less than three days in advance of the day of giving evidence, be sent to the parties for their information.
Section244.If a court or superior administrative or police officer finds that, in the light of a preliminary examination, trial, or inquiry, it is necessary to inspect a corpse, even though the corpse has already been coffined or interred, the court or officer shall have the power to order the corpse to be delivered to a specialist for inspection.
Section245.Subject to sections 246, 247, and 248, once a case has reached its finality, legal execution shall be conducted without delay.
A court of first instance has the duty to send its judgment which inflicts death or imprisonment for life to an appellate court when no appeal is made against the judgment, and such judgment shall not be final until the appellate court gives a judgment reaffirming it.
Section246.In the following events, the court has the power to order the execution of imprisonment to be postponed until the appropriate reason for such postponement ends:
(1)when the accused is insane;
(2)when it is feared that the accused will be fatally endangered if he is imprisoned;
(3)if the accused has been pregnant for seven months or more;
(4)if the accused has given birth to a child for not over a month.
During such postponement, the court shall order an administrative or police officer to arrange for the mentioned person to be kept in custody in a proper place.
Section247.In a case in which the accused is adjudged to death, the judgment shall not be executed until the provisions of this Code which pertain to pardon have been observed.
If any woman adjudged to death is pregnant, deferral shall be given until she gives birth to her child, upon which she shall be put to death.
The death judgment shall be executed at the place and time found appropriated by the officials in connection with such matter.
Section248.If a person adjudged to death becomes insane before being put to death, the execution of the death judgment shall be deferred until he recovers. Whilst the execution of the death judgment is postponed, the court has the power to apply section 46, paragraph (2), of the Penal Code.
If the insane person recovers after one year from the day the judgment became final, his death punishment shall be reduced to imprisonment for life.
Section249.A judgment or order for the return of property or payment of its value, compensation, or costs shall be executed in accordance with the provisions of the Civil Procedure Code.
Section250.If the judgment does not specify otherwise, all the persons adjudged to punishment on account of having committed the same offence must be liable jointly and severally for the return of property, or payment of its value, or payment of compensation.
Section251.If distress has to be carried out for payment of court costs, fines, and value of property or compensation at the same time but the property of the accused does not suffice to pay all, the net proceeds of such property shall be used in the following order:
(1)costs;
(2)value of property or compensation;
(3)fines.
Section252.In all criminal cases, no court of justice shall demand other costs than those provided in this Chapter.
Section253.In a case in which the prosecutor is a public prosecutor and the criminal charge includes a claim for return of property or payment of its value, no cost shall be demanded.
In the event that a judgment or order awards the return of property or payment of its value as mentioned in the previous paragraph, if the court has to make further arrangements for the execution thereof, the person who is to receive the property or its value must bear the costs of those further arrangements as in a civil case.
Section254.Subject to the first paragraph of section 253, in a case in which a claim for return of property, or payment of its value, or payment of compensation is included in the criminal charge or is submitted as a separate civil case, costs shall be demanded as in a civil case.
Section255.In such a case as provided in section 253, paragraph 2, or section 254, the court has the power to order the losing party to pay the costs instead of the other party, if there is an application therefor.
Section256.In a criminal case in which the prosecutor is a public prosecutor, the court has the power to order the prosecutor to reimburse a prosecution witness for the reasonable vehicle expenses actually incurred.
Section257.In a criminal case in which the prosecutor is a private citizen, the prosecutor must bear these costs, namely—
(1)the reasonable vehicle expenses actually incurred by a prosecution witness;
(2)the vehicle expenses for service of summonses.
Section258.The schedules of costs at the end of the Civil Procedure Code and the provisions pertaining to in forma pauperis proceedings shall apply mutatis mutandis.
Section259.Once the case has become final, a person adjudged to any kind of punishment or an interested person, if desiring to petition the King for pardon, may file a petition therefor with the Minister of Interior.
Section260.A petitioner who is imprisoned in a prison may file his petition with a warder or the prison governor. Upon receipt of such petition, the warder or prison governor shall issue a receipt to the petitioner and send the petition to the Minister of Interior with dispatch.
Section261.The Minister of Interior has the duty to submit petitions to the King together with opinions as to whether or not pardon should be granted.
In the event that no petition is submitted, the Minister of Interior may, if he finds it appropriate, advise the King to pardon an adjudged person.
Section262.Subject to sections 247 and 248, when any person has been adjudged to death and his case has become final, an official shall put him to death upon passage of sixty days from the day the judgment was read. But in the event that a petition or advice for the granting of pardon is submitted in accordance with section 261, the execution of the death judgment shall be postponed until passage of sixty days from the day the petition or advice was submitted by the Minister of Interior. However, if the petition is dismissed, the execution of the death judgment may take place before the passage of this period.
A petition or advice for the granting of pardon to a person adjudged to death can be submitted only once.
Section263.The fact that a petition for pardoning another punishment than death is submitted shall not result in postponement of the infliction of such punishment.
Section264.If a petition for pardoning another punishment than death has once been dismissed, it cannot be submitted again until passage of two years from the day of the previous dismissal.
Section265.In the event that a punishment is pardoned absolutely and unconditionally, such punishment shall not be executed. If the punishment has already been executed to a certain degree, it shall end immediately. If it be a fine which has been paid already, the fine shall be returned in its entirety.
If pardon merely commutes or remits the punishment, the remaining punishment shall continue to be executed.
However, the receipt of pardon does not discharge the recipient from the liability to return property or pay its value or compensation according to the judgment.
Section266.When a person who has been pardoned for one offence is charged with the commission of another offence, the pardon does not preclude the power of the court to increase his punishment or refuse to suspend his punishment according to the Penal Code which pertains to recidivism or suspension of punishment.
Section267.The provisions of this Chapter shall apply mutatis mutandis to petitions for the royal granting of commutation or remission.
Schedule
Annexed to the Criminal Procedure Code
Offences under the Penal Code which are referred to by section 79 and in respect of which private citizens have the power to conduct arrests without warrant
| Violence against the Great Royal Household | Sections 97 & 99 | |
| Interior treason | 101–104 | |
| Exterior treason | 105–111 | |
| Offences against royal friendship with foreign countries | 112 | |
| Interference with foreign flags or symbols | 115 | |
| Offences against public officers | 119–122 & 127 | |
| Escape from place of custody | 163–166 | |
| Offences against religions | 172–173 | |
| Rioting | 183 & 184 | |
| Causing danger to the public, depriving the public of convenience in transportation or communication, and depriving the public of comfort; | 185–194, 196, 197, & 199 | |
| Currency forgery | 202–205 & 210 | |
| Rape | 243–246 | |
| Violence against life | 250 & 251 | |
| Violence against body | 254–257 | |
| Offences of causing impairment to liberty | 268, 270, 276 | |
| Theft | 288–296 | |
| Snatching, robbery, gang robbery, and piracy | 297–302 | |
| Extortion | 303 |
For the Gazette, volume 52, issue 12, dated 2 June 2478 BE, which contains an announcement from the Commercial Registration Department: On page 546, line 3 from the bottom, the phrase “Whereas Lamsam Company Limited” shall be corrected to be “Whereas the promoters of Lamsam Company Limited”. And on page 547, line 12, the phrase “Nai Thongyu Lamsam” shall be corrected to be “Nang Thongyu Lamsam”.
And for the special edition, issue 15, dated 10 June 2478 BE, which contains the Criminal Procedure Code of 2477 Buddhist Era: The last paragraph of section 127 contains “when the denunciation has already been recorded but the denunciator fuses to sign it, the public officer receiving it may refrain from dealing with it”. “Re” is missing before “fuses”. The provision shall be corrected to be “when the denunciation has already been recorded but the denunciator refuses to sign it, the public officer receiving it may refrain from dealing with it”.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
Public domainPublic domainfalsefalse |
|---|---|
| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
Public domainPublic domainfalsefalse |
