Introduction to the Thai Criminal Law System

The Thai Criminal Code is the basis of Thailand's Criminal Justice System.  While largely based on Western law, the Thai Criminal Code has some significant differences to the criminal law systems of other countries (see below).  The Thai Criminal Code recognizes basic rights, including the right to a trial, the right to present witnesses and evidence to defend oneself, the right to an attorney, the right against self-incrimination and the requirement of proof of guilt “beyond a reasonable doubt."  

The Thai Criminal Code enumerates the majority of the criminal offenses which may result in arrest and imprisonment in Thailand.  In addition to the Thai Criminal Code, there are separate Acts that also provide for criminal penalties, e.g., The Computer Crime Act and The Anti-Money Laundering Act.

After arrest, a Thai criminal case normally begins with an investigation by the police or investigators from an administrative section of the Thai government.  Once enough evidence is gathered to file a criminal case, an indictment is filed with the court.  The accused, at this point, is given the chance to make a plea of guilt or innocence on the charges filed against them.  The judge may make his or her own examination of the case at this stage, but usually simply rules on whether the charge conforms to the law.  If the judge approves of the charge, a date is set for trial.  The accused may then request bail.  If bail is granted, the accused may remain free until such time as found guilty after trial.  Please note that bail amounts and conditions may be different for foreigners than for Thais.  

Under certain circumstances, it is possible for an individual to file criminal charges privately.  This means that unlike in common law jurisdictions, criminal cases in Thailand do not, necessarily, have to be referred to the public prosecutor but may be filed by aggrieved individuals directly.

Thailand does not have jury trails. Criminal cases are decided by judges only.  The decision of the judge must be based solely on the evidence presented during the trial, as well as on confessions or admissions of the accused that qualify as valid under the law.  If found guilty, the judge will impart a sentence in line with the penalties set forth for the offense in either the Thai Criminal Code or the separate Act that provides for the particular crime.