Provisional arrest - detention pending surrender

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.

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.