Section 58.—The Court is empowered to issue an order or warrant in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.

Section 59.— The official or Court competent to issue an arrest warrant, search warrant or detention warrant may issue such warrant on its own initiative or upon an application.

Where there is an applicant, the official or Court issuing the warrant must first conduct an inquiry until sufficient grounds for issuing the warrant are established. Such grounds may be derived from information given under oath or from other circumstances.

In cases of urgent necessity, where there is a reasonable ground preventing the applicant from appearing before the Court, the applicant may submit an application to the Court by telephone, fax, electronic media or other appropriate information technology. Where the Court conducts an inquiry and finds reasonable grounds for issuing an arrest warrant or search warrant under Section 59/1, and orders that the warrant be issued, a copy of the warrant shall be sent to the applicant by fax, electronic media or other information technology, in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.

Where a warrant has been issued under paragraph three, the Court shall require the person applying for the warrant to appear before the Court and give evidence under oath without delay. The person’s statement shall be recorded and signed by that person and by the Court issuing the warrant. The signed record shall be kept in the Court file.

If it subsequently appears to the Court that the warrant was issued contrary to the law, the Court may order that the warrant be cancelled or amended. The Court may also order the applicant to correct or remedy any damage caused to the person concerned, as it considers appropriate.

Section 59/1.— Before issuing a warrant, there must be sufficient evidence to provide the Court with reasonable grounds to believe that a cause for issuing the warrant exists under Section 66, Section 69 or Section 71.

The Court’s order issuing the warrant or dismissing the application must specify the reasons for the order.

The filing of the application, the inquiry and the issuance of the order shall be conducted in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.

Section 60.— An arrest warrant, search warrant, detention warrant, imprisonment warrant or release warrant must be made in writing and contain the following particulars:

(1) The place where the warrant is issued;

(2) The day, month and year on which the warrant is issued;

(3) The grounds for issuing the warrant;

(4) The following information:

(A) In the case of an arrest warrant, the name or description of the person to be arrested;

(B) In the case of a detention warrant, imprisonment warrant or release warrant, the name of the person to be detained, imprisoned or released;

(C) In the case of a search warrant, the place to be searched and the name or description of the person, or the description of the property, to be searched for. The date and time of the search and the name and position of the officer conducting the search must also be specified;

(5) The following additional information:

(A) In the case of an arrest warrant, detention warrant or search warrant, the offence or legal proceeding concerned;

(B) In the case of an imprisonment warrant, the offence and the punishment imposed by the judgment;

(C) In the case of a detention warrant or imprisonment warrant, the place where the person will be detained or imprisoned;

(D) In the case of a release warrant, the grounds for the release;

(6) The signature and seal of the Court.

Section 66.— An arrest warrant may be issued on the following grounds:

(1) Where there is reasonable evidence that a person has committed a criminal offence punishable by a maximum term of imprisonment exceeding three years; or

(2) Where there is reasonable evidence that a person has committed a criminal offence and there are reasonable grounds to believe that the person will evade arrest, interfere with evidence or otherwise cause danger.

If such person has no fixed place of residence, or fails to appear in accordance with a summons or appointment without reasonable excuse, it shall be presumed that the person will evade arrest.

Section 67.— An arrest warrant may be issued for a person whose name is unknown, provided that the warrant contains as detailed a description of that person as possible.

Section 68.— An arrest warrant shall remain in force until the person has been arrested, unless the limitation period for the criminal offence specified in the warrant has expired or the official or Court that issued the warrant has cancelled it.

Section 69.—The grounds upon which a search warrant may be issued are as follows:

(1) To discover and seize any article that may be used as evidence in the course of an inquiry, preliminary examination or trial;

(2) To discover and seize any article the possession of which constitutes an offence, which has been unlawfully obtained, or which is reasonably suspected to have been used or intended to be used in committing an offence;

(3) To discover and rescue any person who is wrongfully restrained or confined;

(4) To discover any person against whom an arrest warrant has been issued;

(5) To discover and seize any article in accordance with the judgment or order of a Court, where such discovery or seizure cannot otherwise be effected.

A search warrant for the purpose of finding and arresting a person shall not be issued unless an arrest warrant has also been issued for that person. The official executing the search warrant must possess both the search warrant and the arrest warrant.

"Section 77.- The arrest warrant shall be exercised through the Kingdom.
The administration according to such arrest warrant will be administrated according any of document or evidence as follows:

(8) To cable to notify that the warrant has been issued;
(9) The copy of warrant sent by fax, electronic medium or technological information medium else, but all these, according to rule and procedure as designated by regulations of President of Supreme Court;
Administration according to (a) and (3); the warrant or copy certified shall be sent to the administrative authority administrator according to the warrant without delay."

Section 82.— The official executing an arrest warrant may request assistance from any nearby person in executing the warrant, but may not compel that person to assist if doing so may expose the person to danger.

Section 83.— When making an arrest, an official or private person acting as the arresting person must inform the person to be arrested that they are under arrest. The arrested person shall then be ordered to accompany the arresting person to the office of the inquiry official for the locality in which the arrest was made.

Where the arrested person can be brought to the office of the inquiry official responsible at that time, the person shall be brought to that office. If necessary, the arrested person may be restrained.

Where an official makes the arrest, the official must inform the arrested person of the accusation. If there is an arrest warrant, it must be shown to the arrested person. The arrested person must also be informed that:

They have the right to make a statement or remain silent;

Any statement made may be used as evidence at trial; and

They have the right to meet and consult with a lawyer or a person who will act as their lawyer.

Where the arrested person wishes to notify a relative or another trusted person of the arrest, and doing so can be carried out conveniently without obstructing the arrest, interfering with the restraint of the arrested person or endangering anyone, the official shall permit the arrested person to do so as appropriate. The arresting official shall record the arrest.

If the person to be arrested obstructs or attempts to obstruct the arrest, escapes or attempts to escape, the arresting person may use such measures or means of defence as are appropriate to the circumstances of the arrest.

Section 84.— An official or private person making an arrest must take the arrested person to the office of the inquiry official under Section 83 without delay. Upon arrival, the arrested person shall be delivered to the administrative official or police official at that office for the following procedures:

(1) Where an official made the arrest, the arresting official shall inform the arrested person of the accusation and the particulars concerning the grounds for the arrest. If there is an arrest warrant, the warrant shall be shown and read to the arrested person, and a copy of the arrest record shall be provided;

(2) Where a private person made the arrest, the administrative official or police official receiving the arrested person shall record the arresting person’s name and address, together with their statement and the circumstances of the arrest. The arresting person shall countersign the record. The arrested person shall then be informed of the accusation, the particulars of the arrest and the right to make a statement or remain silent. The arrested person shall also be informed that any statement made may be used as evidence at trial.

After completing the procedures under paragraph one, the administrative official or police official shall inform the arrested person of the rights provided under Section 7/1. The arrested person shall be allowed to contact a relative or another trusted person to notify them of the arrest and the place where the arrested person is being held.

Where the arrested person asks the administrative official or police official to give such notification, it shall be done without delay and recorded. No expense shall be charged to the arrested person.

Where necessary, the official or private person making the arrest shall arrange for first aid to be provided to the arrested person before delivering them under this Section.

Any statement amounting to a confession made by the arrested person to the arresting official, administrative official or police official during the arrest or delivery stage shall be inadmissible. Any other statement may be admitted as evidence against the arrested person only where the arrested person was informed of their rights under paragraph one or Section 83, paragraph two, as applicable.

Section 84/1.— An administrative official or police official to whom an arrested person has been delivered may temporarily release the arrested person or keep the person in custody.

Where the arrest was made under a Court warrant, the procedure under Section 64 shall be followed immediately. Where the arrested person must be taken to Court but cannot be taken there because the Court is closed or is about to close, the administrative official or police official receiving the arrested person may temporarily release the person or keep the person in custody until the Court opens.

Section 85.— The official who arrests a person, or to whom an arrested person is delivered, may search the arrested person and seize any articles that may be used as evidence.

The search must be conducted with due propriety. Where the arrested person is a woman, the search must be conducted by another woman.

Any article seized may be retained by the official until the case has been finally concluded. When the case ends, the article shall be returned to the alleged offender or another person entitled to claim it, unless the Court orders otherwise.

Section 85/1.— During an inquiry, where an article seized by an official is not property whose possession or use constitutes an offence and has not yet been submitted or produced as evidence in judicial proceedings, its owner or another person entitled to claim its return may apply to the inquiry official or Public Prosecutor, as applicable, to receive the article for safekeeping or use. The article may be released without security, with security, or with both security and a guarantee.

The return of an article must not interfere with its later use as evidence. The inquiry official or Public Prosecutor shall decide the application without delay and may require security or impose conditions on the applicant.

If the applicant fails to comply with the conditions or refuses to return the article after being ordered to do so, the inquiry official or Public Prosecutor may seize the article again and enforce the security agreement.

The filing of applications, applicable conditions and granting of permission shall be governed by ministerial regulations.

Where the inquiry official or Public Prosecutor refuses permission, the applicant may appeal to the Court of First Instance competent to try the case within thirty days from the date on which the refusal was communicated.

The Court shall complete its consideration within thirty days from the date on which it accepts the appeal. Where the Court grants permission, it may require security or impose any conditions it considers appropriate. The Court’s order shall be final.

Section 86.— The use of restraints on an arrested person beyond what is necessary to prevent escape is prohibited.

Section 87.— An arrested person shall not be kept in custody for longer than is necessary in the circumstances of the case.

In the case of a petty offence, the arrested person may be kept in custody only for the time necessary to obtain their plea and establish their identity and place of residence.

Where the arrested person is not temporarily released and further inquiry or proceedings are necessary, the arrested person shall be brought before the Court within forty-eight hours from the time they were taken to the office of the inquiry official under Section 83, except in cases of force majeure or unavoidable necessity.

The inquiry official or Public Prosecutor shall submit an application to the Court for a warrant authorising the detention of the alleged offender. The Court shall ask the alleged offender whether they have any objection and may require the inquiry official or Public Prosecutor to explain the necessity for detention or submit supporting evidence.

In a case involving an offence punishable by imprisonment for no more than six months, a fine not exceeding five hundred baht, or both, the Court may grant one period of detention not exceeding seven days.

In a case involving an offence punishable by a maximum term of imprisonment of ten years or more, whether or not a fine is also prescribed, the Court may grant successive periods of detention. Each period shall not exceed twelve days and the total period shall not exceed forty-eight days.

In a case involving an offence punishable by a maximum term of imprisonment of ten years or more, whether or not a fine is also prescribed, the Court may grant successive periods of detention. Each period shall not exceed twelve days and the total period shall not exceed eighty-four days.

Where detention totalling forty-eight days has already been granted and the Public Prosecutor or inquiry official applies for further detention on grounds of necessity, the Court may grant further detention only after the Public Prosecutor or inquiry official has demonstrated the necessity and produced evidence sufficient to satisfy the Court.

In an inquiry under paragraphs three and seven, the alleged offender is entitled to appoint a lawyer to make submissions and examine witnesses.

Section 87/1.— Where a Public Prosecutor or inquiry official makes an application and the accused does not object, the Court may permit the accused or evidence to be presented from a government office or another place considered appropriate by the Court through the transmission of pictures and sound by video conference.

The procedure shall comply with regulations issued by the Chief Justice, approved by the general meeting of the Supreme Court and published in the Government Gazette. The regulations shall specify the procedure for questioning the accused and examining witnesses.

An inquiry conducted under paragraph one shall be deemed to have been conducted in the courtroom.

Section 88.— In a case brought by a private prosecutor, once the Court has accepted the charge and required the accused to appear before it, or in a case brought by the Public Prosecutor, once the charge has been filed before the Court, the Court may order the detention or temporary release of the accused.

The text begins partway through Section 92.

Section 92.—

(4) Where there are reasonable grounds to believe that an article whose possession constitutes an offence, which was obtained through the commission of an offence, which was used or intended to be used in committing an offence, or which may serve as evidence proving the commission of an offence, is concealed in such place, and there are reasonable grounds to believe that any delay in obtaining a search warrant may result in the article being transferred or destroyed;

(5) Where the person to be arrested is present in a private place and the arrest is made under an arrest warrant or under Section 78.

When exercising the power under paragraph (4), the administrative official or police official conducting the search shall provide the occupier of the premises with a copy of the search record, a list of the articles found during the search and a written statement of the grounds authorising the search.

If the occupier is absent, these documents shall be provided to the occupier as soon as reasonably possible. The grounds for the search and its results shall also be reported in writing to a superior officer.

Section 93.— A person shall not be searched in a public place unless the search is conducted by an administrative official or police official who has reasonable grounds to suspect that the person possesses an article intended to be used in committing an offence, obtained through the commission of an offence, or whose possession constitutes an offence.

Section 94.— An administrative official or police official conducting a search in a private place shall require the owner, occupier or keeper of the premises to permit entry and provide every reasonable facility necessary to execute the warrant.

The official shall produce the warrant. Where the search may lawfully be conducted without a warrant, the official shall state their name and official position.

If the person mentioned in the preceding paragraph refuses entry, the official may use force to gain entry. Where necessary, the official may open or break down gates, doors, windows, fences or similar obstructions.

Section 95.— In the case of lost property, the owner or possessor of the property, or that person’s representative, may, where possible, accompany the official during the search.

Section 96.— A search of a private place must be conducted between sunrise and sunset, subject to the following exceptions:

(1) Where a search begins during daylight but has not been completed, it may continue during the night;

(2) In a case of extreme urgency, or where another law specifically authorises it, a search may be conducted at night;

(3) A search for the purpose of arresting a violent person or a person charged with a capital offence may be conducted at night, provided that the Court grants permission in accordance with the rules and procedures prescribed by the regulation of the President of the Supreme Court.

Section 97.— Where a search is conducted under a warrant, only the administrative official named in the warrant or a person acting in that official’s place, an administrative official of at least the third rank, or a police official holding the rank of Police Sub-Lieutenant or higher may lead and execute the search under the warrant.

Section 98.— A search of a private place shall be limited to the person or article intended to be found, subject to the following exceptions:

(1) Where the search concerns unspecified articles, the official conducting the search may seize any article likely to be used as evidence in favour of or against the alleged offender or accused;

(2) The official conducting the search may arrest any other person or seize any other article found in the premises where that person or article is liable to arrest or seizure under another warrant or in the case of a flagrant offence.

Section 99.— In conducting a search, the official shall attempt to avoid causing damage or disorder as far as possible.

Section 100.— Where there are reasonable grounds to suspect that a person found at a place where a search is being or is about to be conducted will obstruct the search and render it ineffective, the official conducting the search may place that person in custody or under supervision for as long as necessary to prevent such obstruction.

Where there are reasonable grounds to suspect that the person has concealed on their body any article intended to be found, the official conducting the search may have that person searched in accordance with Section 85.

Section 101.— Articles seized during a search shall be wrapped or placed in a container and appropriately sealed or marked.

DIVISION V
EVIDENCE

Section 232.— The accused may not be called as a witness by the prosecutor.

Section 233.— The accused may testify as a witness on their own behalf. Where the accused elects to testify, the Court may take their testimony before that of the other defence witnesses.

If the accused’s testimony incriminates or prejudices another accused person, that other accused person may cross-examine them.

Where the accused testifies as a witness, their testimony may be used as evidence against them. The Court may also admit such testimony as corroborative evidence supporting the prosecutor’s other evidence.

Section 234.— A witness is not required to answer any question that may directly or indirectly incriminate them. Where such a question is asked, the Court shall warn the witness.

Section 235.— During a trial, the Court may, where it considers appropriate, put questions to the prosecutor, the accused or any witness.

Questions shall not be put to the accused merely to remedy defects in the prosecution’s case, except where the accused is testifying as a witness.

Section 236.— During a trial, the Court may order any person other than the accused who is to be called as a witness to leave the courtroom and remain outside until called to testify.

After the witness has testified, the Court may order the witness to remain in the courtroom.

Section 237.— The record of a witness’s testimony given during a preliminary examination or trial shall be read by the Court to the witness in the presence of the accused, except in a case provided for under Section 165, paragraph three.

With the agreement of the parties, the Court may permit the record of testimony given during a preliminary examination to be treated as the witness’s testimony at trial. The witness shall not be required to testify again or may proceed immediately to answer the accused’s cross-examination.

This shall not apply to an offence punishable by a minimum term of imprisonment of five years or by a more severe punishment.

Section 237 bis.— Before a charge is filed before the Court, the Public Prosecutor may apply to the Court for an order that a witness’s testimony be taken promptly where there are reasonable grounds to believe that:

The witness will leave the Kingdom;

The witness has no habitual residence;

The witness resides far from the Court that will try the case;

The witness may be subjected to direct or indirect interference; or

There is another necessary reason that may make it difficult to obtain the witness’s testimony in the future.

The Public Prosecutor may make the application on their own initiative or upon the application of the injured person or the inquiry official. The application shall specify all the acts alleged to have been committed by the alleged offender.

Where the alleged offender has been identified and is being held in the custody of the inquiry official or Public Prosecutor, the Public Prosecutor shall bring the alleged offender before the Court. Where the alleged offender is in the custody of the Court, the Court shall summon them to attend.

Upon receiving the application, the Court shall take the witness’s testimony promptly. The alleged offender may cross-examine the witness personally or appoint counsel to conduct the cross-examination.

Where the alleged offence is one for which the Court is required to appoint counsel, or for which the alleged offender would be entitled to request the appointment of counsel under Section 173, the Court shall ask the alleged offender whether they have counsel before taking the witness’s testimony.

Where the Court is required to appoint counsel and considers that counsel can be appointed in time, it shall appoint counsel and proceed promptly with the taking of the witness’s testimony.

Where counsel cannot be appointed in time, or the alleged offender cannot appoint counsel in time, the Court shall itself examine the witness on behalf of the alleged offender.

The record of the witness’s testimony shall be read to the witness. Where the alleged offender is present before the Court, the record shall also be read in their presence.

If the alleged offender is subsequently charged as the accused in relation to the offence, the testimony may be admitted as evidence at trial.

Where an alleged offender considers that a person whom they may need to call as a witness will leave the Kingdom, has no habitual residence, resides far from the Court that will try the case, may be subjected to direct or indirect interference, or may otherwise be difficult to bring before the Court in the future, the alleged offender may apply to the Court for an order that the witness’s testimony be taken promptly. The application shall state the reasons and necessity for taking the testimony in advance.

Where the Court considers it appropriate, it may order that the witness’s testimony be taken and shall notify the inquiry official and the Public Prosecutor concerned.

The Public Prosecutor may cross-examine the witness. The provisions of paragraphs three, four and five shall apply with the necessary modifications.

Section 172 ter shall apply with the necessary modifications to the taking of testimony from a witness who is under eighteen years of age.

Section 237 ter.— Section 237 bis shall apply with the necessary modifications to the taking of testimony from an expert witness and to the taking of other evidence.

It shall also apply where proceedings have already been instituted but there is a necessary reason to take evidence before the date normally fixed for taking evidence under Section 173/2, paragraph two.

Where scientific evidence may establish a significant fact in the case, or where there are reasonable grounds to believe that delaying the taking of important scientific evidence may result in the evidence being damaged or becoming difficult to examine, the accused or the Public Prosecutor may apply to the Court for an order directing a scientific examination under Section 244/1.

The Public Prosecutor may make the application on their own initiative or upon receiving an application from the inquiry official or the injured person. Section 237 bis shall apply with the necessary modifications.