Criminal

Dear Sirs!

Thailand is a very popular destination among tourists, expats* (non-residents legally living and working in Thailand) and retirees. The good news is the fact that the rate of serious crimes among non-residents is low enough. Foreign citizens can feel safe in all tourist areas, but as with all tourist towns, no one is immune from petty theft or petty fraud. With this in mind you will be more careful in the “Land of Smiles”.

    The offenses to be brought to attention:

    • Petty theft. Theft of personal property, phones, passports, payment cards, pocket money. Such cases occur on the beach or at night, if you shoot a separate villa, which is not part of the complex, has no cameras, safes and security guard. If you are using a motorbike, do not leave valuables in the trunk under the seat.
    • Fraud. Skimming – a new and common way to withdraw cash from foreign payment cards. Leaving on vacation in Thailand, try not to use your payment cards in bars, gas stations, ATMs.
    • Deception. Usually expressed as misconceptions on the language level and hide facts that you might not know and did not agree, but to pay for them later, as a fait accompli. This is insurance for vehicles, damage or scratches on the leased vehicle. Purchase or return the goods, you do not come, or come out of service prematurely. We advise when buying pay attention to the quality-price ratio.
    • Possible evidence of fraud in the payment guarantee and lease payments for real estate. You must be sure that you have this contract, the original documents proving the identity of the owner, the certificate on the property, the receipt or receipt. Otherwise, possible financial losses.

    Serious crimes such as robbery, murder and rape case involving foreigners considerably rare. Such crimes have a high level of publicity, of the investigation and adequate punishment.

    Qualification of criminal acts defined by The Criminal Code of Thailand 2499/1956. The procedure of criminal proceedings, constitute provisions of Criminal Procedure Code of Thailand 2477/1934.

Section 78 Code of Criminal Procedure of Thailand explains that the officials or the police cannot arrest a person without a warrant of arrest or a judgment. The exception is when the person was detained with instruments of the crime, cold or firearms at the time of damage to property or health of the victims, as well as when there is significant evidence that a person may try to hide or escape responsibility Section  66 (2).

    Section 7/1 of the Criminal Procedure Code of Thailand explains the rights of detained or suspected person, who has the right to notify family members or others about the arrest and place of detention, as well as:

       1. The right to meet and consult with a lawyer.
       2. The right to have a lawyer present at the time of testifying.
       3. Right to visitors and contact with relatives in the appropriate order.
       4. The right to receive treatment in case of illness.

Bail. Actively practiced in Thailand and used as a means of “provisional release of persons” for the period of investigation and pre-trial investigation, as well as apply to persons in respect of which there is already a lawsuit. The procedure involves the preparation of all necessary documents for submission to the Court and the introduction of deposit amount. As a security deposit can be used assets (land, house, bank account), cash or status of civil servants. The collateral amount is determined according to the severity of the offense, for example:

 

  • Possession of drugs – from 10 000 Thai Baht
  • Sale of narcotic drugs – from 200,000 Thai Baht
  • Careless handling of fire – from 100,000 Thai Baht
  • Reckless driving – from 200,000 Thai Baht
  • Bodily injury – from 150,000 Thai Baht
  • Theft – from 150,000 Thai Baht
  • Robbery – from 200,000 Thai Baht
  • Murder – from 300,000 Thai Baht

    There are cases where for minor offenses court releases suspects’ house arrest (OR – own recognizance), without bail, with the obligation to appear at the trial.

    LOKART INTERNATIONAL protect your legal interests!