Provisional arrest for national proceedings

Kingdom of Thailand

Thailand - Criminal Procedure Code 1996 (2008) EN

"Section 71.- When to have acquired an alleged offender or
accused, at any stage during verification, preliminary examination or trial, the Court will issue the detention warrant to alleged offender or accused under Section 87 or Section 88 and the provision of Section 66 shall be put into force mutatis mutandis:

The detention warrant remains in force up to the Court will have revoked by issuing a release warrant or an imprisonment warrant in its place;

If it appears to the Court that such alleged offender or accused to advance in years in less than eighteen years or to be a pregnant woman, or to have given birth to a child in less than three months or to be ill under detention will receive the life-harm, the Court will not issue the detention warrant or will be able to issue the release warrant to an alleged offender or an accused to be detained, provided that Court not to be prohibited to issue an order to let such person be in taking care of an authority, or a person consenting to receive such person, or designating any measure for protecting an escape or danger to be able to bring about. If the Court issues the order as aforesaid during inquiry, it shall be exercised not out of six months as from issuing the order. If the Court issues an order during a preliminary examination or trial, it shall be exercised up to trial is over. If after the Court has issued an order, an alleged offender or an accused does not comply with measure designated or one's change of circumstances, the Court shall be empowered to change an order or trial of issuing the detention warrant as it may think fit."

Section 72.- A warrant of release of an alleged offender 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 73.- Any of cases in pending appeal or dika appeal, if the accused has been superintended or detained fix the period of time equal to or longer than the imprisonment term or the imprisonment term in it place according to the judgment, the Court shall issue the release-warrant of the accused unless the Court Other wise deems in case of prosecutor has appealed and dika appealed asking in effect for a more severe sentence.

Section 74.- Subject to Section 73 and Section 185 in the second paragraph, when any of persons is sentenced to imprisonment, or death, or imprisonment instead of the fine, the Court shall issue the imprisonment warrant.
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.
Section 76.- The detention-warrant, Imprisonment-warrant or release-warrant must be conducted such warrant without delay.

Section 89.— A detention warrant or imprisonment warrant shall be executed within the jurisdiction of the Court that issued the warrant, unless otherwise provided by this Code or another law.

Section 89/1.— Where necessary during an inquiry or court proceedings, and upon the request of an inquiry official, Public Prosecutor, penitentiary commander or authority responsible for executing a detention warrant, or where the Court considers it appropriate, the Court may order that the alleged offender or defendant be detained in a place other than a penitentiary.

The person shall be detained in the place requested or in another place selected by the Court, under the supervision of the requesting person or another authority designated by the Court. The Court may determine the appropriate period of detention.

Before issuing an order under paragraph one, the Court may conduct an inquiry or allow the injured person or the authority concerned with the detention warrant to submit an objection.

A place of detention under paragraph one must not be a police station or another place used by an inquiry official to detain alleged offenders. It must satisfy the requirements prescribed by ministerial regulations, including appropriate methods and measures for preventing escape or other harm.

Where the Court has issued an order under paragraph one and the alleged offender or defendant subsequently fails to comply with the applicable directions or measures, or where the circumstances change, the Court may amend its order or direct that the person be detained in accordance with the detention warrant.

Section 89/2.— Where necessary, upon the request of the Public Prosecutor, penitentiary commander or authority responsible for executing an imprisonment warrant, or where the Court considers it appropriate, the Court may order that a person sentenced to imprisonment by a final judgment serve the sentence by one of the methods specified below.

This Section applies where the person has served at least one-third of the term specified in the imprisonment warrant or, in the case of a sentence exceeding thirty years or imprisonment for life, has served at least ten years.

(1) The person may be imprisoned in a place other than a penitentiary or the place specified in the imprisonment warrant, as requested by the relevant authority or determined by the Court.

The nature of such a place, together with the methods of supervision and measures required to prevent escape or injury, shall be prescribed by ministerial regulations.

(2) The person may be imprisoned in a penitentiary, the place specified in the imprisonment warrant or another place under paragraph (1), only on particular days determined in accordance with the rules and procedures prescribed by ministerial regulations.

(3) The person may be imprisoned by another method that restricts their movement and the area within which they may travel, in accordance with the rules and procedures prescribed by ministerial regulations.

In considering whether to issue such an order, the Court shall consider the nature of the offence, the conduct and security of the person sentenced to imprisonment, and the security and safety of the injured person and society.

The Court may investigate or question the person sentenced, the authority responsible for executing the imprisonment warrant, the local administrative official, the local police or any other person whom the Court considers concerned with the matter.

When issuing an order under paragraph one, the Court shall designate the authority responsible for executing and supervising the order. Section 89/1, paragraph four, shall apply mutatis mutandis.

Section 90.— Where it is alleged that a person is being unlawfully detained in a criminal case or in any other matter, the following persons may submit a petition to the local Court competent to try the criminal case, requesting the person’s release:

(1) The detained person;

(2) The Public Prosecutor;

(3) The inquiry official;

(4) The governor of the prison or the gaoler;

(5) The detained person’s spouse or relative, or any other person acting for the detained person’s benefit.

Upon receiving such a petition, the Court shall conduct an inquiry without delay.

Where the Court considers that the petition is well-founded, it may order the gaoler to bring the detained person before the Court without delay.

If the gaoler is unable to satisfy the Court that the detention is lawful, the Court shall order the detained person’s immediate release.

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

1. In urgent cases, the Court may request the provisional arrest of the person sought, pending presentation of the request for surrender and the documents supporting the request as specified in article 91.

2. The request for provisional arrest shall be made by any medium capable of delivering a written record and shall contain:

(a) Information describing the person sought, sufficient to identify the person, and information as to that person's probable location;

(b) A concise statement of the crimes for which the person's arrest is sought and of the facts which are alleged to constitute those crimes, including, where possible, the date and location of the crime;

(c) A statement of the existence of a warrant of arrest or a judgement of conviction against the person sought; and

(d) A statement that a request for surrender of the person sought will follow.

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.

4. The fact that the person sought has been released from custody pursuant to paragraph 3 shall not prejudice the subsequent arrest and surrender of that person if the request for surrender and the documents supporting the request are delivered at a later date.