Criminal Litigation in Thailand

The basic provisions of the Criminal Law in Thailand are contained in the Thai Criminal Code and the Criminal Procedure Code. This page will note the key differences between the systems of criminal law in Thailand and the West and explain how to best exercise your rights in case you ever find yourself involved in a criminal case in Thailand.

Key Differences of Criminal Law in Thailand

If you are living or traveling in Thailand, keep in mind that ignorance of Criminal Law in Thailand is not a valid defense, as you are expected to know enough about Thai law prior to your stay. Here is a list of what may set Thailand’s criminal justice system apart from the one in your country:

• Criminal charges may be filed privately
  Cases may be brought directly by the aggrieved party, rather than needing to be submitted to the public prosecutor (the Attorney General in Thailand).

• Defamation can be both a civil and a criminal offense
  Defamation is described as the spreading of false information or accusations that could damage someone else’s reputation. Unlike in other countries where it is seen as a civil offense, defamation is also seen as a criminal offense in Thailand that is punishable by imprisonment, a fine, or both. Civil defamation in Thailand occurs when the offender makes a statement that impairs the reputation or credibility of another person, whereas criminal defamation is when the offender performs an action damaging the reputation of another person and causes them to be exposed to hatred or contempt by the public.

• Police may detain suspects for up to 48 hours without charges
  If you are arrested, it is legal for the police to hold you under their custody for 48 hours even without a court order or an arrest warrant.

• There is no jury system
  In many countries, a jury of uninvolved private citizens decides the guilt of the accused. However, Thailand does not have a jury system. Instead, every trial is conducted before a judge or a panel of judges who will decide both the verdict and sentence of a case based on the presented evidence.

• Plea-bargaining does not lead to a lesser charge
  Plea-bargaining is an arrangement made when an individual facing criminal charges agrees to testify against themself in a less serious case to avoid being tried and punished for a more serious one. This is not provided in Thai courts, but pleading guilty outright and putting oneself at the mercy of the court can result in a lighter sentence.

• The death penalty applies to many kinds of offenses
  Thailand has a total of 35 crimes that may result in the death penalty. The most common ones include treason, certain crimes involving minors, premeditated murders, and drug-related offenses. However, the death penalty is rarely carried out due to reduced sentences granted by the King of Thailand, also known as royal pardons.

It should be noted that Thailand is a member of The International Criminal Police Organization – INTERPOL, which can be abbreviated to ICPO–INTERPOL. This means that suspects in Thailand may be subject to INTERPOL notices and have their data shared with other INTERPOL members, in the case there is an arrest warrant and the suspect is abroad.

Thailand is also a signatory to various extradition treaties and, in addition, has reciprocal extradition arrangements with a significant number of foreign jurisdictions. For more on this subject, see our section on Extradition in Thailand.

Rights of Suspects in Thailand

Under the Constitution and the Code of Criminal Procedures, when arrested you have the following rights:

• The right to not be detained without a reasonable cause.

• The right to be informed that your statements may be used as evidence in a trial.

• The right to refuse to answer questions from an investigator until your lawyer is present.

• The right to receive a prompt, continuous, and fair investigation.

• The right to meet and consult one-on-one with a prospective lawyer.

• The right to have a lawyer or trusted person present during your interrogation.

• The right to receive reasonable visits.

• The right to not be coerced, threatened, tortured, or deceived into confessing.

• The right to receive prompt medical care when sick.

• The right to request insurance. In the event insurance is not granted, the suspect must be informed of the reasons as soon as possible.

Note that upon arrest or detention, Thai authorities have the right to inspect a foreign national’s passport. However, if the offense is not related to the passport, authorities will not have the right to retain the passport without a warrant or court order. It is a wise practice to not carry your actual passport around while in Thailand, but rather keep a photocopy of it on your person.

Rights of Defendants in Thailand

Under the Constitution and the Code of Criminal Procedures, you as the defendant will retain the following rights after being sued for committing a criminal offense by the victim:

• The right to a speedy, continuous, and fair trial.

• The right to request bail. In the event the request is denied, the defendant must be informed of the reasons as soon as possible.

• The right to appeal against denial of bail.

• The right to meet privately with a lawyer.

• The right to receive reasonable visits.

• The right to appoint a lawyer to fight the case.

• The right to inspect or copy a testimony made during the investigation or documents supporting testimony when the public prosecutor has filed a case with the court.

• The right to inspect court records and request a copy for a fee.

• The right to inspect, photograph, or make copies of items submitted as evidence. 

• The right to receive a copy of the complaint.

• The right to have the complaint read and explained to the defendant and have the defendant’s testimony heard by the court.

• The right to consult with a lawyer before the trial begins.

• The right to object to a case where the plaintiff requests to withdraw the lawsuit, in the event the defendant has already given a defense. 

Frequently Asked Questions

Here are a few frequently asked questions our firm gets about criminal cases in Thailand. For more, see our Litigation in Thailand FAQ.

Can foreigners make bail in Thailand?

Yes. However, the granting of bail ultimately depends on the court’s discretion and analysis. In the event that the bail request is denied, the defendant will have an opportunity to make arguments before the court.

How much does bail cost?

The amount you must pay for bail in Thailand will depend on the severity of the crime, which can range from 500,000 THB to over 1,000,000 THB.

How often can you visit the defendant if they are in prison?

You can visit them weekly or more frequently if allowed by the court.

Hire a Criminal Defense Lawyer in Thailand

The Thai criminal justice system has a reputation for being extremely difficult to navigate, particularly for foreign defendants. Because of this, if you ever find yourself involved in a criminal case in Thailand for any reason, you need to contact a criminal defense lawyer in Thailand immediately. If you want an experienced, reliable, and English-speaking defense lawyer with a long successful track record of representing foreign clients, engage with Siam Legal International.

As a bilingual full-service law firm with over 20 years of experience and in-depth knowledge of both Thai criminal and civil law, our criminal litigation team has the expertise to effectively fight for your rights and release in court. Our legal services include but are not limited to:

• Verification of witness statements: We will carefully review and verify the accuracy of statements made by the witnesses to ensure they are reliable and credible.

• Evaluation of evidence: We will examine all the evidence presented by the prosecutor for any weaknesses or inconsistencies.

• Request for summonses: We will file requests for the police to issue summonses for additional witnesses and evidence that may support your case.

• Attendance at investigations: If you are a suspect, we will ensure your rights are protected and the process is fair when we accompany you during any police investigations.

Should you have any questions regarding Criminal Law in Thailand or require legal representation, do not hesitate to contact Siam Legal.