Search and seizure

Thailand

Thailand - Criminal Procedure Code 1996 (2008) EN

Section 85.- The official, who arrests a person or to whom the arrested person is delivered, may. search him and seize all articles which may be used as evidence.
Such search must be conducted with due propriety. Whenever it is made on a woman, it must be made by another woman.

Any article so seized may be detained by the official until the case is final. When the case comes to an end, such articles shall be returned to the alleged offender or to any other person entitled to claim it, unless otherwise ordered by the Court.

Section 102.- Before commencing a search in a private place, the official making the search must manifest that he has nothing concealed on his person; and as far as possible the search shall be made in the presence of the occupier of the premises, or a member of his family, or failing such person, in the presence of at least two other perSons requested by the official to attend as witnesses.

The search of the place of residence or business of an alleged offender or accused under custody or detention shall be made in his presence. If he cannot or does not want to attend the search in person, he may appoint a representative or send a witness to attend in his place; if there is no such representative or witness, the search shall be made in the presence of a member of his family or witnesses as provided in the foregoing paragraph.

Any article seized shall be shown to the occupier of the premises, member of his family, alleged offender, accused, representative or witnesses, for the purpose of acknowledgment. If such acknowledgment is made or refused, the fact thereof shall be noted down.

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:

(h) The execution of searches and seizures;