Preservation of evidence - national proceedings

Kingdom of Thailand

Thailand - Criminal Procedure Code 1996 (2008) EN

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.

Rome Statute

Article 93 Other forms of cooperation

1. States Parties shall, in accordance with the provisions of this Part and under procedures of national law, comply with requests by the Court to provide the following assistance in relation to investigations or prosecutions:

(j) The protection of victims and witnesses and the preservation of evidence;