The right to prosecute shall be extinguished: (2) When, in respect of a compoundable offence, the complaint or charge is withdrawn or the compromise is lawfully adopted. Deeming appropriate, the court shall serve upon the prosecutor a copy thereof. During a period of three years as from the birth of the child, the female shall furnish it with proper care at a proper place inside her prison.[138]. 22), BE 2547 (2004). Section 137 Whilst holding an inquiry at a personal residence or elsewhere, the inquirer shall be invested with the power to order prohibiting any person from leaving such place for a period of time as necessary. Subject to sections 247 and 248, when the case becomes final, the officer shall enforced the sentence of death upon elapse of sixty days as from the date of pronouncing the judgment, save where a petition is submitted or an advice is rendered pursuant section 261, in which event the enforcement shall be suspended until elapse of sixty days as from the date whereon the petition has been submitted or the advice has been rendered by the Minister of Justice. The court shall not grant any evidence to be examined and admitted had the party or person concerned not indicated his intention to thereupon rely pursuant to paragraph 1, 2 or 3 or to section 173/1, paragraph 2 or 3. The provisions under paragraph 1 shall not prohibit the court from examining such evidence in collaboration with its discretion in determining or enhancing the punishments. Subject to the provisions of sections 19, 20 and 21, the inquirers inside whose districts the criminal offences have been committed shall, in general, bear the duty to carry out inquiries as to those offences for the sake of the prosecutions. Should a person sentenced to capital punishment be insane prior to being put to death, the sentence shall be suspended until he recovers his sanity. The victim or witness being a child may enter a challenge against the psychologist, social worker or public prosecutor participating in its interrogation. Where there is justifiable evidence supporting that an article whose possession constitutes an offence, or which has been obtained through the commission of an offence, or which has been or is to be used for the commission of an offence, or which may bear witness for proving the guilt of any person, is being concealed or would be discovered in such private place, and there is a reasonable belief that, by cause of the delay in obtaining a warrant of search, such article is likely to be removed or destructed. Had an order of non-prosecution been suggested, such order shall be directed. Thailand BOI: Enhanced Incentive Packages and Special Incentives for Targeted Activities, Application of Criminal Law (Sections 2-17), Increase Reduction Punishment (Sections 51-55), Principals and Supporters (Sections 83-86), Principals and Supporters (Sections 87-89), Guidelines to Operate Professional Service Business in Thailand. Section 60 A warrant of arrest, search, detention, imprisonment or release shall be made in writing and shall contain the following items: Section 61 Subject to section 97, the administrative or police officials shall have the power and bear the duty to enforce the criminal warrants delivered or forwarded to them. Section 171 Save section 175, the provisions on inquiry and trial shall mutatis mutandis apply to preliminary hearing.The provisions of sections 133 bis and 172 ter shall mutatis mutandis apply to preliminary hearing in case a witness is a child not yet over its eighteenth year, irrespective of whether it be private prosecution or public prosecution. Having been satisfied with the identity of the defendants, the court shall read and explain the charge to them. 198 bis has been inserted by the Act Amending the Criminal Procedure Code (No. In the case of offence liable to the maximum imprisonment for a term not less than six months but not more than ten years, or to a fine not less than five hundred baht or to both, the court shall be authorised to order several successive detentions not exceeding twelve days each, but the total period shall not exceed forty eight days. If the arrestee wishes to inform his relative or a person in whom he reposes of the fact that he is under arrest, and such information can be made facilely, and it would not obstruct the arrest or restraint of the arrestee or endanger any person, the official shall allow the arrestee to fulfill his wish as suitable to the circumstances. Section 72 A warrant of release of an accused or defendant detained by virtue of a judicial warrant shall be directed in any of the following cases: Section 73 A warrant of release of a defendant shall be issued when, in relation to a case pending in the court of second instance or court of last resort, the defendant has been restrained or detained for a period of time equivalent to or longer than a term of imprisonment to which he has been sentenced or which he must undergo for non-payment of fine, save where the court entertains otherwise opinion in the event that the prosecutor has lodged with the court of second instance or court of last resort an appeal for a more severe sentence. If any, the warrant of arrest shall be produced and read to the arrestee. Where no such forensic pathologist could be found or where he is unable to perform the duty, a physician affiliated with a public hospital shall act in his place. Should the offence be liable to the maximum imprisonment for a term over three years, the inquirer shall submit to the public prosecutor the file together with his opinion as to the expediency of staying the inquiry. Otherwise, an order of non-prosecution shall be adopted. 24), BE 2548 (2005). Section 131 An inquirer shall, as much as possible, collect every kind of evidence for the purpose of ascertaining all facts and circumstances in respect of the offence alleged, identifying the offender and proving the guilt or innocence of the accused. Any alteration, expostulation or addition may be made thereto or noted therein with the signature of the person giving the statement in approval thereof. Legislation on-line Parliament of Thailand PDF of Act in Thai (consulted on 2017-01-29) Amended text(s) : 1934 (THA-1934-L-93536) Criminal Procedure Code, B.E. Had the person designated in a criminal warrant been under arrest or the person or article searched for by virtue of a warrant of search been discovered, such person or article shall, if possible, be sent without delay to the court issuing the warrant or to the official designated in the warrant, whichever applies, save where the court shall elsewise order. A copied warrant delivered by means of facsimile, electronics or other means of information technology, subject to the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. 108/2 has been inserted by the Act Amending the Criminal Procedure Code (No. A provisional release must be granted to every accused or defendant on the basis of the criteria set forth in sections 108, 108/1, 109, 110, 111, 112, 113 and 113/1. Section 151 Where it is necessary to ascertain the cause of the death, the official performing the autopsy shall be invested with the power to order the corpse to be dissected and any portion thereof to be analysed, or the whole or part of the corpse to be delivered to a public physician or analyst. Access to an expeditious, regular and fair trial. After the court has posted up a notification fixing the date of inquest, any of the spouse, ascendants, descendants, statutory agents, guardians or relatives of the deceased shall be entitled to, before the inquest is completed, apply to the court for cross-examining any witness introduced by the public prosecutor and producing any other evidence. 7/1 has been inserted by the Act Amending the Criminal Procedure Code (No. In the event that a search has been conducted by virtue of a warrant thereof, the official conducting the search shall forthwith deliver the note and the list set forth in the foregoing section, as well as, if possible, the articles seized, to the person issuing the warrant or any other official designated in the same. Failing such, the State shall furnish him with a counsel. The application, consideration and issuance shall be in conformity with the criteria and procedure prescribed in the regulation of the President of the Supreme Court of Justice. The judge making the note shall set his hand thereto. If the warrant is delivered or forwarded to two or more officials, they may enforce the warrant independently or jointly. Date and sign the report, and forward it to the official performing the autopsy. Nonetheless, the child shall not be questioned repeatedly without justifiable ground. 30 : Intervention in public prosecution. In the case of offences liable to any term of imprisonment, should scientific evidence be necessary for proving any facts being a subject matter of the case, the court shall be invested with the power to order any person, object or document to be analysed by scientific means. Any statement given by the defendants shall be noted down. However, the court, proprio motu, may order open such preliminary hearing. 78 has been amended by the Act Amending the Criminal Procedure Code (No. (Table of contents). Where it appears to the court that any evidence is just per se but it has been obtained by an unjust act or by result of an information produced or obtained through an unjust act, the court shall exclude it, save where the admittance of such evidence would be more beneficial to the carriage of justice than detrimental to the criminal justice standard or fundamental rights and liberties of the people. 28), BE 2551 (2008). Any decision of the court of second instance shall be final. And if the person carrying the confinement is unable to satisfy the court that such confinement is lawful, the court shall, by order, release the person in question at once. An order of non-prosecution does not prejudice the victims right to institute a prosecution by himself. 16), BE 2529 (1986). A warrant of detention shall remain in effect until the court replaces it with a warrant of release or imprisonment.A warrant of detention may be withheld or replaced with a warrant of release, when it appears to the court that the accused or defendant has not yet attained his eighteenth year, is conceiving a child, has given birth to a child for a period not yet over three months or is ill to the extent that, if detained, he would confront with fatal danger, without prejudice to the courts power to, by order, rule that the accused or defendant is to be under the care of an official or person agreeing to take charge of him or that certain measures are to be undertaken in order to prevent his abscondence or any possible injury.
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