by the Government of Thailand

“ A warrant of release of a defendant shall be issued when, in relation to a case pending in the court of second instance or court of last resort, the defendant has been restrained or detained for a period of time equivalent to or longer than a term of imprisonment to which he has been sentenced or which he must undergo for non-payment of fine, save where the court entertains otherwise opinion in the event that the prosecutor has lodged with the court of second instance or court of last resort an appeal for a more severe sentence. ”

“ As for a public prosecution, if the victim is entitled to claim compensation in as much as the commission of offence by the defendant has caused him to lose his life, or sustain bodily or mental harm, personal liberty injury, reputation impairment or proprietary damage, he may submit to the court trying the criminal case a motion for coercively directing the defendant to make compensation for such loss. ”

“ In the event that the death is the consequence of an act of an official who alleges that such act has arisen through his performance of public duty, or the death has occurred during the restraint employed by an official who alleges that such death has occurs in the course of his performance of public duty or the deceased is said to have fought or resisted against an official who alleges that he himself performed a public duty, the inquirer shall require the public prosecutor to accompany with him in drawing up an inquiry file in relation to such event. ”

“ Where an accused is accused of, or a defendant is charged with, an offence liable to the maximum imprisonment for a term exceeding ten years, if an application for his provisional release is made during an inquiry or during the court of first instance’s trial, the court shall ask the inquirer, public prosecutor or prosecutor whether he would raise any objection. ”

“ If the court, in the interest of justice, deems appropriate, it may summons any witness who has once been heard to be reheard or may order other evidence to be taken, and it may require a qualified person or expert to appear and give opinion in collaboration with the inquest and the rendering of order; without prejudice to the right of the person producing evidence under paragraph 8 to apply to the court for summonsing other qualified person or expert to give an opinion for the purpose of refuting or supplementing the opinion given by the aforesaid qualified person or expert. ”

“ Where the victim witness is required to determine the offender during the arrest proceedings or to identify the accused in the interest of a prosecution, the administrative or police official or inquirer shall, taking into account the safety of the victim or witness according to the circumstances of the case, organise such determination or identification at a proper place and by the means of preventing the offender or accused from laying his eyes onto the victim or witness, save where the victim or witness otherwise consents, in which event such consent shall be note down. ”

“ Where there is justifiable evidence supporting that an article whose possession constitutes an offence, or which has been obtained through the commission of an offence, or which has been or is to be used for the commission of an offence, or which may bear witness for proving the guilt of any person, is being concealed or would be discovered in such private place, and there is a reasonable belief that, by cause of the delay in obtaining a warrant of search, such article is likely to be removed or destructed. ”

“ If the public prosecutor applies for and the accused does not object, the court may allow the accused or evidence to be brought to any public agency office or other place as deemed appropriate where an inquiry or hearing may be organised by means of videoconferencing according to the regulation laid by the President of the Supreme Court of Justice with approval of the Plenary Session of the Supreme Court of Justice. ”

“ If the offender is identified and is restrained, detained or provisionally released, or it is believed that he would appear upon being summonsed, the inquirer shall, pursuant to the outcome of the inquiry, submit an opinion as to whether an order of prosecution or non-prosecution should be made, together with the file, to the public prosecutor.
Deeming an order of non-prosecution should be made, the inquirer shall render to the public prosecution the file and such opinion only. ”

“ Where a prosecution has been instituted against any offence and the offender has been brought before the court also, but the case is not yet final, the prescription governing the victim’s right to enter a penal action on basis of that offence shall be interrupted by virtue of section 95 of the Criminal Code. ”

“ Should any party withhold his consent or perform any act to impede any person concerned from giving such consent without justifiable grounds, it shall preliminarily be presumed that the fact alleged by the opposite party is veracious. ”

“ Where the public prosecutor and the victim are joint prosecutors, if the public prosecutor is of an opinion that the case would be jeopardised on account of the victim’s performance of or omission to perform any procedural act, he shall have the power to apply to the court for an order instructing the victim to perform or not to perform such act. ”

“ Nonetheless, if the court deems that the victim has claimed for immoderate compensation or performed any procedural act with bad faith, it shall be empowered to, by order, direct the victim to pay the whole or part of the costs within a period of time as it may fix, and had if the victim failed to abide by the order, he shall be deemed to have abandoned his civil action. ”

“ In a criminal case, if a victim is a minor without any statutory agent, or is insane or is incompetent without any custodian, or if the statutory agent or custodian is unable to perform his duty by any reason which includes a conflict of interest with the minor or incompetent person, a relative of such person or any interested person may file a motion to the court for appointing him as a representative ad litem. ”

“ Where an offence punishable under Thai law has been committed outside the Kingdom of Thailand, the Attorney-General or the person serving ad interim as the Attorney-General shall be the responsible inquirer, but he may entrust any public prosecutor or inquirer to exercise the power of inquiry on his behalf. ”

“ In the case of offences liable to any term of imprisonment, should scientific evidence be necessary for proving any facts being a subject matter of the case, the court shall be invested with the power to order any person, object or document to be analysed by scientific means. ”

“ In case of an urgent need where it is reasonably unable to await the participation of the psychologist or social worker, the person applied for by the child and the public prosecutor, the inquirer may interrogate the child in presence of any of the persons set forth in paragraph 1, but the grounds whereon such participation cannot be awaited shall be noted down in the inquiry file and the interrogation conducted in such manner shall be deemed lawful. ”

“ An administrative or police official who is to conduct a search in a private place shall order the owner, inhabitant or keeper of such not to resist his admittance and to provide convenience in every respect for the purpose of enforcing the warrant of search. ”

“ In the case of sexual offences, the defendant shall be prohibited from producing any evidence or raising any question as to a sexual activity between the victim and a third party other than the defendant himself, save where he is permitted by the court upon his application. ”

“ As for a case of theft, snatching, robbery, brigandage, piracy, extortion, swindling, misappropriation or receipt of stolen property, if the victim is entitled to claim the restitution of the property he has been deprived of through the commission of such offence or claim the value of such property, the public prosecutor, when instituting a prosecution, shall also enter such claim on behalf of the victim. ”

“ Where the victim, accused, defendant or witness cannot speak or understand Thai language or can speak or understand only a Thai dialect or vernacular and is not yet represented by any interpreter, the inquirer, public prosecutor or court shall without delay furnish him with an interpreter. ”

“ An arrest, detention or imprisonment of a person as well as a search for a person or article in a private place may only be conducted upon a judicial order or warrant thereof, subject to the provisions of sections 78, 79, 80, 82 and 94 of the present Code.
A person who is detained or imprisoned by virtue of a judicial warrant may only be released upon a judicial warrant of release. ”

“ A victim may complain to an administrative or police official who has the position or duty either subordinate or superior to an inquirer, and is charged by law with the duty to maintain peace and order. ”