Provisional arrest - release - national proceedings

Thailand

Thailand - Criminal Procedure Code 1996 (2008) EN

Section 72.- A warrant of release of an alleged offender or accused detained under a warrant of detention shall be issued in any of the follow cases:

(1) When the Court grants provisional release;
(2) When the Public Prosecutor or the inquiry official applies for his release because such official considers the detention no longer necessary for the purpose of the inquiry;
(3) When the Public Prosecutor notifies the Court that the inquiry has been closed by an order of non-prosecution of the alleged offender;
(4) When the Public Prosecutor has not preferred a charge against the alleged offender within the time limit fixed by the Court:
(5) When the Court has concluded a preliminary examination and is of opinion that there is no ground for prosecution and dismisses the case, unless the Court thinks fits upon the application by the prosecutor to issue an order detaining the accused pending appeal or dika appeal;
(6) When the prosecutor has withdrawn the charge or when a compoundable offence has been lawfully compounded or when the Court has concluded the trial by a judgment or order dismissing the case unless the Court thinks fit to issue an order detaining the accused pending appeal or dika appeal;
(7) When the Court has given a judgment sentencing the accused to other punishMent than death, imprisonment or restriction of residence; if such other punishment is one of fine, when such fine has been paid or the Court has granted the accused provisional release for a fixed peribd of time to enable him to find money for paying the fine.

Section 75.- When the person to be adjudged to imprison has been imprisoned for oneself's term or has been pardoned or there is the decision releasing oneself conditionally or the law of amnesty or oneselfs term of imprisonment is discharged by the other ground, the court shall issue the release warrant to such person.

THE CRIMINAL PROCEDURE CODE

DIVISION I
PRELIMINARY

TITLE I
GENERAL PROVISIONS

Section 1.— In this Code, where a term is defined, it shall be construed in accordance with that definition unless the wording of the provision is inconsistent with such definition.

Section 2.— In this Code:

(1) “Court” means a Court of Justice or a judge having the power to exercise criminal jurisdiction;

(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 before a Court with the commission of an offence;

(4) “Injured Person” means a person who has suffered injury through the commission of an offence. It includes any other person empowered to act on that person’s behalf under Sections 4, 5 and 6;

(5) “Public Prosecutor” means an official whose duty is to institute a criminal charge before a Court against an alleged offender, whether that person is an official of the Public Prosecution Department or another official empowered to do so;

(6) “Inquiry Official” means an official vested by law with the power and duty to conduct an inquiry;

(7) “Complaint” means an allegation made by an injured person to the authorities, in accordance with this Code, that an offence has been committed by a known or unknown person to the detriment of the injured person, with the intention that the offender be punished;

(8) “Denunciation” means an allegation made to the authorities by a person other than the injured person that a known or unknown person has committed an offence;

(9) “Criminal Warrant” means a written order issued in accordance with this Code directing an authority to arrest, detain, imprison or release an alleged offender, accused or convicted person, or to conduct a search. It includes a certified copy of an arrest warrant or search warrant, a telegraphic notification that an arrest warrant or search warrant has been issued, and a copy of an arrest warrant or search warrant sent by fax, electronic medium or other information technology, as provided in Section 77;

(10) “Investigation” means the search for facts and evidence conducted by an administrative or police official in accordance with their powers and duties for the purpose of maintaining public order and establishing the particulars of an offence;

(11) “Inquiry” means the collection of evidence and other proceedings conducted by an inquiry official under this Code in connection with an alleged offence for the purpose of establishing the facts, determining guilt and securing the punishment of the offender;

(12) “Preliminary Examination” means proceedings conducted by a Court to determine whether there is a prima facie case against the accused;

(13) “Private Place” means a place that is not a public place as provided in the Penal Code;

(14) “Prosecutor” means either the Public Prosecutor or an injured person who has instituted a criminal case before a Court, or both where the Public Prosecutor and injured person are joint prosecutors;

(15) “Parties” means the prosecutor on one side and the accused on the other;

(16) “Administrative or Police Official” means an official vested by law with the power and duty to maintain the public peace. It includes chief gaolers, excise officers, customs officers, harbour officers, immigration officers and other officials when performing duties connected with the arrest of offenders or the suppression of crimes that they are required to arrest or suppress;

(17) “Superior Administrative or Police Official” means the following officials:

(a) The Under-Secretary of State for Interior;

(b) The Deputy Under-Secretary of State for Interior;

(c) The Inspector of the Ministry of Interior;

(d) The Assistant Under-Secretary of State for Interior;

(e) The Director-General of the Department of Interior;

(f) The Deputy Director-General of the Department of Interior;

(g) The Director of the Inquiry and Legal Activity Division, Department of Interior;

(h) The Chief and Head of the Inquiry and Legal Activity Division of the Department of Interior;

(i) The Inspector of the Department of Interior;

(j) The Governor of Changvad;

(k) The Deputy Governor of Changvad;

(l) The Palad Changvad;

(m) The Nai Amphur;

(n) The Palad Amphur who is the chief attached to a Sub-Amphur;

(o) The Director-General of the Police Department;

(p) The Deputy Director-General of the Police Department;

(q) The Assistant Director-General of the Police Department;

(r) The Commissioner of Police;

(s) The Deputy Commissioner of Police;

(t) The Assistant Commissioner of Police;

(u) The Commander;

(v) The Deputy Commander;

(w) The Chief Provincial Police Officer of Changvad;

(x) The Deputy Chief Provincial Police Officer of Changvad;

(y) The Superintendent;

(z) The Changvad Provincial Superintendent of the Region;

(aa) The Deputy Superintendent;

(ab) The Deputy Changvad Provincial Superintendent;

(ac) The Chief Inspector;

(ad) The Inspector;

(ae) The Inspector of the Local Police;

(af) The Head of a Police Station holding the rank of Police Sub-Lieutenant or an equivalent or higher rank;

(ag) The Head of a Sub-Police Station holding the rank of Police Sub-Lieutenant or an equivalent or higher rank.

This definition includes persons acting in place of the officials listed above. A person acting in the place of an official under paragraphs (ae), (af) or (ag) must hold the rank of Police Sub-Lieutenant or an equivalent or higher rank;

(18) “Article” means movable property that may be used as evidence in a criminal case. It includes letters, telegrams and other documents;

(19) “Memorandum” means a written document prepared by a Court as evidence of all particulars of proceedings conducted in a criminal case;

(20) “Note” means a written document prepared by an administrative or police official as evidence of an inquiry into a criminal offence. It includes a written record of complaints and denunciations;

(21) “Keep in Custody” means the restraint or confinement of an arrested person by an administrative or police official during investigation and inquiry proceedings;

(22) “Detention” means the confinement of an accused or alleged offender by a Court.

Section 3.— Persons specified in Sections 4, 5 and 6 have the power to act on behalf of an injured person, subject to the conditions provided in those Sections, as follows:

(1) To lodge a complaint;

(2) To institute a criminal prosecution or join the Public Prosecutor in a criminal prosecution;

(3) To bring a civil claim in connection with an offence;

(4) To withdraw a criminal charge or civil claim connected with an offence;

(5) To compound a compoundable offence.

Section 4.— In a criminal case in which the injured person is a married woman, she has the right to institute a criminal prosecution with the permission of her husband.

Subject to Section 5(2), her husband may institute a criminal prosecution on her behalf only with her express permission.

Section 5.— The following persons may act on behalf of an injured person:

(1) A legal representative or custodian, but only in relation to offences committed against a minor or incompetent person under that person’s care;

(2) An ascendant, descendant, husband or wife, but only in relation to a criminal offence through which the injured person has died or has become unable to act personally;

(3) A manager or other representative of a juristic person in relation to an offence committed against that juristic person.

Section 6.— In a criminal case where the injured person is a minor without a legal representative, a person of unsound mind or an incompetent person without a custodian, or where the legal representative or custodian is unable to perform their duty for any reason, including a conflict of interest with the minor or incompetent person, a relative or interested person may apply to the Court to be appointed as representative ad litem.

After conducting an inquiry, the Court shall appoint the applicant or another consenting person as representative ad litem, as it considers appropriate. If no person agrees to act as representative, the Court shall appoint an administrative official.

No Court fees shall be charged for proceedings conducted for the purpose of such appointment.

Section 7.— In an inquiry, preliminary examination or trial in which a juristic person is the alleged offender or accused, a summons shall be served on the manager or another representative of that juristic person, directing that person to appear before the inquiry official or the Court, as applicable.

If the manager or representative of the juristic person fails to comply with the summons, an arrest warrant may be issued against that person. However, provisions concerning provisional release, detention or imprisonment shall not apply to the manager or representative merely because the juristic person is an alleged offender or accused.

Section 7/1.— An arrested person, or an alleged offender who is kept in custody or detained, is entitled to notify a relative or another person, or to have an authority notify them, of the arrest and the place where the person is initially held. The arrested person or alleged offender is also entitled:

(1) To meet and speak privately with a person who is or will be their lawyer;

(2) To have a lawyer or trusted person present during questioning;

(3) To receive visits from or communicate with relatives as may be reasonable;

(4) To receive medical treatment without delay when ill.

The administrative or police official responsible for an arrested person or alleged offender shall inform that person of the rights stated in the preceding paragraph at the first opportunity.

The uploaded text ends at the beginning of Section 8 and does not include the remainder of that Section.

Rome Statute

Article 92 Provisional arrest

3. A person who is provisionally arrested may be released from custody if the requested State has not received the request for surrender and the documents supporting the request as specified in article 91 within the time limits specified in the Rules of Procedure and Evidence. However, the person may consent to surrender before the expiration of this period if permitted by the law of the requested State. In such a case, the requested State shall proceed to surrender the person to the Court as soon as possible.