If either litigant (claimant or defendant) is not pleased with the judgment has the right to appeal the decision with the Court of Appeals in their jurisdiction. General Courts are courts which have jurisdiction to hear civil and criminal cases. The Constitution of South Africa, 1996. Section 389 Whoever, by any means whatever, causes a hard substance to fall on any place in a manner likely to cause harm, trouble or nuisance to a person or to cause danger a thing, or by any means whatever, causes a filthy thing to dirty or likely to dirty a person or thing, or maliciously causes a filthy thing to be a trouble or nuisance, shall be punished with imprisonment not exceeding one month or fined not exceeding one thousand Baht, or both. The woman is pregnant on account of the commission of the offence as provided in Section 276, Section 277, Section 282,Section 283 or Section 284 the offender is not guilty. If the defendant wishes to appeal a decision, the Court of Appeals (Thai: ) has jurisdiction to hear appeals for decisions given by the Court of First Instance (Thai: ), while the Supreme Court (or Dika court, Thai: ) has jurisdiction on appeals from the Court of Appeals. Moreover, to come to pass that some rules and procedures improved high to epoch and conception of international countries, and so, in the present time, some original rules are out of date, and expedient to be re-improved to be in line with administrative principle of democracy regime. It may also make recommendation on whether to keep the accused in custody pending litigation, or to allow for his provisional release. Section 195 Whoever, escaping from an institution of treatment where the Court has given order to restrain him according to Section 49, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both. If such act causes other grievous bodily harm to the woman also, the offender shall be punished with imprisonment not exceeding seven years or fined not exceeding fourteen thousand Baht, or both. The Court may revoke or suspend temporarily the application of the measure of safety to such person, as it thinks fit. Section 105 Whoever attempts and commits the petty offence, that person shall not be punished. Thai criminal law is applicable to both citizens of Thailand and foreigners who commit crimes within the territory of Thailand. A penal law is that which identifies which acts or omissions are considered as crimes or offenses. If the offence according to this Section has committed for lucre or indecent purpose, the offender shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand Baht. In addition, the alleged offender has the right: When a foreigner has been charged or arrested for an offence, the police officer will ask to inspect his/her passport to see whether he/she has entered Thailand legally and whether permission to stay in Thailand remains valid. But, by the nature of the offence, if the offender shall be criminally liable for higher punishment only when the offender must know or could foresee that such consequence would occur, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence shall be criminally liable for the offence having higher punishment only when he has known or could have. You may be initially held without official charges for up to 48 hours. Section 346 Whoever, in order to take a property of another person for himself or a third person, induces any person to dispose of the property at a disadvantage on account of the induced person being weak-minded, or being a child lacking in intelligence and being unable tounderstand reasonably the essentials of his acts so that the induced person submits to the disposal of such property, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. If the Court grants them to marry together during the offender be still inflicted with the punishment, the Court shall release such offender. Following the conclusion of the criminal proceedings, a foreign defendants ability to stay in Thailand will often be revoked or will have expired. Section 251 Whoever, forges a seal or impression of such seal of a Political Bureau a public organization or an official, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. Section 4 Upon coming into force of the Criminal Code, the Criminal Law in B.E. Section 321 The offence under Section 309, the first paragraph, Section 310, the first paragraph, and Section 311, the first paragraph, are the compoundable offences. Section 136 Whoever, insulting the official doing the act according to the function or having done the act according to the function, shall be imprisoned not out of one year or fined not out of two thousand Baht, or both. Criminal Law in Thailand The Thailand Penal Code is the codified system of law, or body of laws concerning crimes and offenses against 'the public' (including the Kingdom of Thailand, the King and certain members of the royal family) and or against another person and prescribing a penalty for the one who violates it. The police then continue their investigation of the alleged crime and report their findings to the District Attorney's Office. Therefore, it is the defendants responsibility to notify their lawyer as to whether they wish to appeal the case to the Supreme/Dika Court. For enquiries, please contact us. For more information on the amendments, or on any aspect of the civil procedure in Thailand, please contact Tilleke & Gibbins at bangkok@tilleke.com or +66 2056 5555. Section 213 Whenever an offence is committed by any member of a secret society or criminal association in prosecution of the common aim of such society or association, every member who was present at the time of the commission of such offence, or who was present at the meeting where the commission of such offence was decided upon, and the chief manager or office-bearer of such society or association, shall be liable to the punishment prescribed for such offence. Laws, statutes, etc.] Section 113 Whoever, commits an act of violence or threatens to commit an act of violence in order to: Section 114 Whoever, collecting the forces or arms, or otherwise making the preparations or conspires to commit the insurrection, or committing any offence as the part of the plot committing the insurrection, or instigating the private persons to commit the insurrection, or Knowing that there are the persons to commit the insurrection and making any act to assist in keeping such secret intention to commit such insurrection, shall be punished by imprisonment as from three to fifteen years. Section 8 Whoever commits an offence outside the Kingdom shall be punished in the Kingdom; provided that, and, provided further that the offence committed be any of the following namely: (a) The offender be a Thai person, and there be a request for punishment by the Government of the country where the offence has occurred or by the injured person; or. Your choice of legal representation in Thailand can be critically important and should be made with care. Section 217 Whoever, firing to the things belonging to the other person, shall be imprisoned as from six months to seven years or fined as from one thousand Baht to fourteen thousand Baht. Once all the evidence from the trial has been submitted, the court will set a date for the judges decree, this generally takes from two to four weeks to occur. Whoever dishonestly buys, disposes of or accepts such child to taken away according to the first paragraph, shall be liable to the same punishment as the person who takes the child away. Procedure in the Court of Appeals. If ignorance of fact according to the third paragraph of Section 59, or the mistake as to the existence of fact according to the first paragraph has occurred through the negligence of the offender, the doer shall be liable for committing the offence by negligence in case of the law specifically provides that the doer shall be criminally liable for the act though committed by negligence. Section 248 If the offender under Section 240, Section 241 or Section 247 has committed under the other Section as prescribed by this Chapter dealing with the thing counterfeited or altered by oneself, such person shall be punished under Section 240, Section 241 or Section 247 for one count only. The alleged offender, who now becomes referred to as the defendant, will be brought from the prison to the court one working day following the filing of the criminal complaint to receive a copy of the criminal complaint. Section 119 Whoever, does any act with intent to cause the Country or any part thereof to descend under the sovereignty of any foreign State, or to deteriorate the independence of the State, shall be punished with death or imprisonment for life. Section 216 When the official orders any person assembled to gather so as to commit the offence as prescribed under Section 215 to disperse, such person not to disperse shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. Section 146 Whoever, not to have the right to wear the uniform or insignia of any of official, member of State Legislative Assembly, member of Provincial Assembly or member of Municipal Assembly, or not to have the right to use any of official title, rank, decoration or thing to symbolize the decoration, and to do so in order to be believed by other person that oneself has the right to wear those things, shall be imprisoned not out of one year or fined not out of two thousand Baht, or both. ---------------------------------------------. Section 65 Whenever any person commits an offence at the time of not being able to appreciate the nature, or illegality of his act or not being able to control himself on account of defective mind, mental disease or mental infirmity, such person shall not be punished for such offence. Title of the case. This must be formalized before the judgment in the case is given by the Court of First Instance. Section 223 For the aforesaid offence in Section 217, Section 218, Section 220 or Section 222, if the injured things or likely to be injured is little value, and such act is not likely to cause the injury to the other person, the offender shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. Section 203 Whoever, to be the official having the duty executing the judgment or order of the Court, to prevent or the obstruct the execution of such judgment or order, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. Section 52 In reducing the punishment of death, whether it be the reduction in the scale of punishmentor in the punishment to be inflicted, it shall be reduced as follows: If the reduction be by one-third, the punishment shall be reduced to imprisonment for life; If the reduction be by one-half, the punishment shall be reduced to imprisonment for life or imprisonment of twenty-five to fifty years. Section 163 Whoever, being an official having the duty in the post, telegraph or telephone service, wrongfully does any of the following acts: Shall be punished with imprisonment not exceeding five years or fine not exceeding ten thousand Baht, or both. Size. Restrains or detains any person, shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life, or death. If such resistance or obstruction is committed by doing an act of violence or threatening to do an act of violence, the offender shall be punished with imprisonment not exceeding two years or fine not exceeding four thousand Baht, or both. Juvenile Case Procedure An overview of the juvenile justice system and juvenile case procedure in Thailand shall be described in pursuance of the juvenile law and criminal procedure. In the period of Social Service or Public Interest on behalf of the fine, if the fined person does not desire to the said word thenceforward, it may be changed as the fine or detention on behalf of the fine. The Criminal Procedure Law shall determine a uniform procedural order for all persons involved in criminal proceedings irrespective of the origin, social and financial situation, employment, citizenship, race, nationality, attitude toward religion, sex, education, language, place of residence, and other conditions of such persons. Whoever dishonestly buys, disposes, or accepts a minor to taken away according to the first paragraph, shall be liable to the same punishment as the person who takes such minor away. If the offence as mentioned in the first paragraph is committed by breaking open the place of confinement, by doing any act of violence, by threatening to do any act of violence or by participation of three persons upwards, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. Grievous bodily harm to the victim, the offender shall be punished with imprisonment of fifteen to twenty years and fined of thirty thousand to forty thousand Baht, or imprisonment for life; Death to the victim, the offender shall be punished with death or imprisonment for life. Section 124 Whoever, does any act in order that any other person may know or obtain any information, document or anything which is kept secret for the safety of the Country, shall be punished with imprisonment not exceeding ten years. If the offence is punishable by a minimum imprisonment of less than five years and the defendant has informed the court official that he/she intends to plead guilty to the charge and does not require a lawyer, the court may take the defendants plea and pass judgment instantly without having to take any evidence. If an alleged offender has been arrested for committing an offense, the investigating officer has the right to detain the individual for up to 48 hours from when they arrived at the police station. Section 323 Whoever, knows or acquires a private secret of another person by reason of his functions as a competent official or his profession as a medical practitioner, pharmacist, druggist, midwife, nursing attendant, priest, advocate, lawyer or auditor, or by reason of being an assistant in such profession, and then discloses such private secret in a manner likely to cause injury to any person, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both. For example, if you write a letter to the Embassy of Canada or a Canadian consular office in Thailand, that letter must be delivered. Section 135/4 Whoever to be the member of a body of persons who there is resolution of or notification subject to Security Council of the United Nations Organization designating as a body of persons to have committed an act as terrorization, and Thai Government has notified to acknowledge notification or resolution as aforesaid, such person shall be imprisoned not more than seven years and fined not more than hundred thousands and four ten thousands Baht. Section 221 Whoever, to causing the explosion likely to cause injury to the other person or the thing belonging to the other person, shall be imprisoned not out of seven years and fined not out of fourteen thousand Baht. Section 33 For the forfeiture of a property, the Court shall, besides having the power to forfeit under the law as specially provided for that purpose, have the power to forfeit the following properties also, namely: Unless such property belongs to the other person who does not connive at the commission of the offence. Section 79 In the case having offence to be punished with fine only, if the person alleged as having committed an offence pays the fine in the maximum rate for such offence before the Court commences to take the evidence, the case shall be lapsed. Canada has a transfer of offender treaty with Thailand that enables Canadians convicted of offences in Thailand to serve their prison sentence in a Canadian penal institution if both the Canadian and Thai governments consent to the transfer. If you are accused of robbery, fraud or any other criminal act then seek the advice of a criminal lawyer in Thailand before you arrive in court. Section 269/1 Whoever, forges the electronic card in whole or in part, adds or cuts statement or amends by any means whatever in the genuine electronic card in manner likely to cause injury to other person or people. However, under the Privacy Act, personal information may be disclosed in certain circumstances, such as in cases where disclosure would clearly benefit you, where the public interest in disclosure clearly outweighs any invasion of your privacy, or pursuant to a court order. Section 30/3 The Court's order under Section 30/1 and Section 30/2 shall come into an end. But if, within the period of time determined by the Court according to Section 56, such person has not committed an offence as mentioned in the first paragraph, such person shall pass from having the punishment determined or from being inflicted with the punishment in that case, as the case may be. If such robbery is committed in the place as provided in the second paragraph of Section 335 bis also, the offender shall be punished with imprisonment of ten to twenty years and fined of twenty thousand to forty thousand Baht. The death penalty is an option for several offences, including some drug-related offences. Section 254 Whoever, forges a Government stamp used for postage, taxation or collection of fees, or alters a Government stamp used for such purposes in order to make other persons to believe that it has a higher value than it really has, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. Jury system does not apply in Thailand. Thailand-Criminal Procedure Code-1934-2008-tha (full text in Thai, PDF) Stay in Touch. But, if the sentenced person is kept in custody prior to the judgment of the Court, the number of days in custody shall be deducted from the period of imprisonment according to the judgment, unless the judgment provides otherwise. In case of the Court is of opinion that such person can deliver the property ordered to be delivered, but does not deliver it, or such person can pay its value, but does not pay, the Court shall have the power to confine such person until such person complies with the order, but the period of confinement shall not exceed one year. If the defendant has already engaged a lawyer, the lawyer may not be aware that the defendant has been brought to court. Section 179 Whoever, fabricating a false evidence in order that an inquiry official or an official who has the power to investigate the criminal cases may believe that any criminal offence has occurred, or may believe that the criminal offence occurred is more serious than it is really, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. In general, an arrest can be made by an administrative or police officer upon the issuance of an arrest warrant by the court. http://www.samuiforsale.com Thailand Law Online. www.samuiforsale.com. The judge is the only person in this process who is impartial. Whoever, attempts to commit such offence, shall be liable to the same punishment. If it refers to the punishment Class 1, it means fined not exceeding one hundred Baht; If it refers to the punishment Class 2, it means fined not exceeding five hundred Baht; If it refers to the punishment Class 3, it means imprisonment not exceeding ten days or fined not exceeding five hundred Baht, or both; If is refers to the punishment Class 4, it means imprisonment not exceeding one month or fined not exceeding one thousand Baht, or both. foreseen that such consequence would occur.In case of the employed person, the person doing according to the propagation or publication to the general public to commit an offence, or the principal in the offence shall be criminally liable for higher punishment on account of the consequence resulting from the commission of the offence, the instigator, the person making the propagation or publication to the general public to commit the offence, or the supporter to commit the offence, as the case may be, shall be also criminally liable for the offence having such higher punishment. 4. If the offence committed according to the first paragraph comes under the circumstances provided in the above-mentioned sub-sections from two sub-sections upwards also, the offender shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. In general, the law stipulates that all court proceedings be conducted in open court and in the presence of the defendant. If the offence be committed by alluding to the power of the secret society or criminal association, whether it be existent or not, the offender shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. The National Prosecuting Authority of South Africa, 2008, Understanding the Criminal Justice System. A drug trafficker shows us what it's like to smuggle drugs in Thailand - a country that gives traffickers like him the death penalty.Watch more like this:New. 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