Whoever sells or has for selling anything forged or counterfeited in accordance with Section 269/1, such person shall be punished imprisonment from one year to ten years or fined from two ten thousands Baht to two hundred thousands Baht or both imprisonment and fine. If the snatching causes death to another person, the offender shall be punished with imprisonment of five to fifteen years and fined of ten thousand to thirty thousand Baht. Section 96 Subject to Section 95, in case of compoundable offence, if the injured person does not lodge a complaint within three months as from the date of offence and offender to be known by the injured person, the criminal prosecution is precluded by prescription. But the submission of the real owner shall be made to the Court within one year reckoning from the day of the final judgment. If such act causes death to the woman, the offender shall be punished with imprisonment of five to twenty years and fined of ten thousand to forty thousand Baht. Overthrow the legislative power, the executive power or the judicial power of the Constitution, or nullify such power; or. Once a judgment has been passed, the court allows 1 month from the time of service from the time of the acknowledgement of judgment for the losing party to comply with the order. In addition, the alleged offender has the right: When a foreigner has been charged or arrested for an offence, the police officer will ask to inspect his/her passport to see whether he/she has entered Thailand legally and whether permission to stay in Thailand remains valid. Section 216 When the official orders any person assembled to gather so as to commit the offence as prescribed under Section 215 to disperse, such person not to disperse shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. But, whether there shall be increase of the punishment, reduction of the punishment or reduction in the scale of the punishment, or not, the total punishment of every offence must not exceed the following determination: Section 92 If whoever, having been adjudged finally to be convicted by imprisonment, has committed any subsequent offence during the time still having to undergo the punishment, or within five years as from the date of passing the punishment, if the Court will sentence for the subsequent offence to be imprisoned, the Court shall increase the punishment to be inflicted upon such person by one-third of the punishment as prescribed by the Court for the subsequent offence. Section 141 Whoever, removing, damaging, destroying or rendering useless the seal or mark stamped or affixed by the official to anything in discharge of one's duty in witness whereof in seizing, attaching or keeping such thing, shall be imprisoned not out of two years or fined not out of four thousand Baht, or both. Section 139 Whoever, coercing the official to exercise the act un-functionally or refraining from the discharge of one's duty by doing any act of violence or threatening to do any act of violence, shall be imprisoned not out of four years or fined not out of eight thousand Baht, or both. You should always travel using your valid Canadian passport and present yourself as Canadian to foreign authorities at all times to minimize this risk. Under the convention, Thai authorities are also required to send any communication you address to a consular post. Section 337 Whoever, compels a person to give or to agree to give him or the other person a benefit in the nature of being a property by committing an act of violence or by a threat to commit violence against the life, body, liberty, reputation or property of the compelled person or athird person, so that the compelled person submits to the same is said to commit extortion, and shall be punished with imprisonment not exceeding five years and fined not exceedingten thousand Baht. Section 172 Whoever, giving any false information concerning a criminal offence, which may likely cause injury to the other person or the public, to the Public Prosecutor, official conducting cases, inquiry official or any official who has the power to investigate the criminal cases, shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. 20 years in case of offense punishable by death, imprisonment for life or twenty years (Criminal Code, Section 95 and 96). http://www.samuiforsale.com. Section 254 Whoever, forges a Government stamp used for postage, taxation or collection of fees, or alters a Government stamp used for such purposes in order to make other persons to believe that it has a higher value than it really has, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. Section 375 Whoever, obstructing or causing the inconvenience to the public dra in, water course or sewer, shall be fined not out of five hundred Baht. If it appears to the Court that the confinement of the detained person in the place to confine according to paragraph 1 or paragraph 2 may cause a danger to such person or make the person depending or him for subsistence excessive trouble or there is other exceptional circumstance shows that it is not advisable to detain the detained person in the place as aforesaid, the Court will issue an order to detain the detained person in other place but not such person's dwelling-house with consent of owner or occupier of the premises. Title 18 of the U.S. Code outlines all federal crimes. Among other criteria, an application for transfer can be submitted only after you have been convicted and sentenced and there are no further legal proceedings pending. The term encompasses procedures that the government must follow during the entire course of a criminal case, ranging from the initial investigation of an individual suspected of criminal activity, through arrest . Transfers are not automatically granted. -----------------------------------------. Section 58 Whenever it appears to the Court, or from the statement of the prosecutor or the official that, within the period of time determined by the Court according to Section 56, the sentenced person has committed an offence which is not an offence committed by negligence or a petty offence, and the Court passes judgment inflicting the punishment of imprisonment for such offence, the Court passing judgment in the latter case shall determine the punishment not yet determined in the former case and add it to the punishment in the latter case, or shall add the punishment of the infliction of which has been suspended in the former case to the punishment in the latter case, as the case may be. Such person shall be imprisoned as from two years to ten years and fined as from four ten thousands Baht to two hundred thousands Baht. Section 203 Whoever, to be the official having the duty executing the judgment or order of the Court, to prevent or the obstruct the execution of such judgment or order, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. An alleged offender who has been taken into custody or detained has the right to notify a person of their choiceor request that a person of their choice be notifiedof the arrest and the place of detention at the first opportunity. Section 255 Whoever, bringing the State seal, State seal impression, King's Sign Manual, seal or seal impression of Political Bureau, public organization or official, or stamp as specified under Section 250, Section 251 or Section 254 which to be forged or altered, shall be imprisoned as from one year to ten years and fined as from two thousand Baht to twenty thousand Baht. Pieces of evidence that are made up of microfilm or replica copies are not considered valid pieces of evidence, although they are admissible depending on the judges discretion. When Someone is Suspected of a Federal Crime. If it causes grievous bodily harm to another person, the offender shall be punished with imprisonment of one to ten years and fined of two thousand to twenty thousand Baht. Section 223 For the aforesaid offence in Section 217, Section 218, Section 220 or Section 222, if the injured things or likely to be injured is little value, and such act is not likely to cause the injury to the other person, the offender shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing. Section 262 If the offence mentioned in Section 254, Section 256, Section 257 or Section 261 be committed relating to the foreign Government stamps, the offender shall be liable to one-half of the punishment as provided for such Section. Assists in the disposal of property obtained by the secret society or criminal association through any offence, shall be punished likewise as a member of a secret society or criminal association, as the case may be. COVID-19 Impact on Thai Labor Market; . If the offence mentioned in the first paragraph is committed in the criminal proceeding, the offender shall be punished with imprisonment not exceeding seven years and fined not exceeding fourteen thousand Baht. Section 322 Whoever, breaking open or taking away the closed letter, telegram or any document belonging to the other person so as to ascertain or to disclose its contents, if such act to be likely to cause injury to any person, shall be imprisoned not out of six months or fined not out of one thousand Baht, or both. Separate the Kingdom or seize the power of administration in any part of the Kingdom, is said to commit insurrection, and shall be punished with death or imprisonment for life. Chapter 9: Prescription. Section 19 Whoever, punished with death, shall be proceeded by spraying an injection or toxin to be death. Section 104 Petty offences under this Code are punishable offences, even though they are committed unintentionally, unless otherwise provided in such offences. to retain a lawyer during the preliminary examination or trial before the Court of First Instance, the Appeals Court or the Supreme Court; to inspect the evidence and take copies or photographs of the evidence that has been submitted; to inspect the file of the preliminary examination or trial and take copies or ask for certified copies of the material, upon payment of fees; and. Section 195 Whoever, escaping from an institution of treatment where the Court has given order to restrain him according to Section 49, shall be punished with imprisonment not exceeding six months or fined not exceeding one thousand Baht, or both. If a party wishes to introduce a foreign judgment as evidence, it must be authenticated by the Thai Embassy or Consulate in the foreign language and translated into Thai. Sea-going vessel, airplane, train or tram; Motor-car used for public transportation; or. Whoever makes preparations for causing death to the Queen, the Heir-apparent or the Regent, or does any act to assist in keeping secret any intention to commit such offence, shall be punished with imprisonment of twelve to twenty years. Section 131 Whoever, assaulting or committing any act of violence against the liberty of the Foreign Representative to be accredited to the Royal court, shall be imprisoned not out of ten years. Since the defendants lawyer will not be formally notified, they will not be aware of the Appeal Courts decision until it has been announced. If the robbery according to the first or the second paragraph causes grievous bodily harm tothe other person, the offender shall be punished with imprisonment for life or imprisonment of fifteen to twenty years.If the robbery according to the first or second paragraph causes death to the other person,the offender shall be punished with death. Section 382 Whoever, overworking the animal unreasonably or using it to do the unsuitable work on account of it to be ill, old or young, shall be imprisoned not out of one month or fined not out of one thousand Baht, or both. If the act mentioned in the first paragraph is done on account of blind belief, the Court may not inflict the punishment. Section 204 Whoever, being an official having the function to control and to take care of any person in lawful custody under the power of the Court, an inquiry official or an official who has the power to investigate the criminal cases, causes, by any means whatever, such person to be released from the custody, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht. In case of the fined person to be detained before the Court's trial, the day amount when one person to be detained shall be deducted from the fined money amount which is deemed the rate of two hundreds Baht per one day, unless such person is adjudged and inflicted both imprisonment and fine. Whoever, making any act as preparation for assassinating the King or knowing that there is the person who will assassinate the King, having made any act to assist in keeping the secret act, shall be punished by life-imprisonment. Section 269 Whoever, in the pursuance of work in the medicine, law, accountancy or any other profession, making the certification of false document by the manner likely to cause injury to the other person or the public people, shall be imprisoned not out of two years or fined not out of four thousand Baht, or both. Section 187 Whoever, in order to prevent the execution of the judgment or order of the Court, damages, destroys, conceals, makes away with, loses or renders useless the property which is seized or attached, or which he knows likely to be seized or attached, shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both. Ten years in case of the severest offence to have the rate of the maximum punishment of imprisonment not exceeding three years; Twenty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding three years upwards, but not more than ten years; Fifty years in case of the severest offence to have the rate of the maximum punishment of imprisonment exceeding ten years upwards, unless in the case where the Court inflicts upon the offender the punishment of imprisonment for life. If the employed person commits the offence, the instigator shall receive the punishment as principal. If the offence according to this Section has committed for lucre or indecent purpose, the offender shall be punished with imprisonment of three to fifteen years and fined of six thousand to thirty thousand Baht. 2451, it shall be deemed that such law refers to the punishment as follows: Section 6 Upon coming into force of the Criminal Code, in the matter of imprisonment in lieu of fined under any law, the provisions of the Criminal Code shall apply, regardless of whatever may have been provided by such and such law; but, as for the offences committed before the enforcement of the Criminal Code, the confinement shall not exceed one year for the punishment of one count, and two years for the punishment of several counts. Moreover, the Court may inflict less punishment to any extent than that provided by the law for such offences. Legal updates, insights, and opinions on laws and law suits in Thailand written by our lawyers. Arrest or Summons This is the date that someone is either arrested for an alleged crime or they are served with paperwork saying that they have to appear in court because they are being accused of committing a crime. For further information on the services consular officials can and cannot provide, please consult A Guide for Canadians Imprisoned Abroad and the Canadian Consular Services Charter. Once federal or state crimes have been committed, reported, investigated, and an arrest has been made, there are several criminal procedures that a defendant will undergo. Section 4 Upon coming into force of the Criminal Code, the Criminal Law in B.E. The decision of the Appeals Court is final; however, the applicant is allowed to submit a new application for bail. For enquiries, please contact us. In such ease, if the day amount, when one person to be detained, must be deducted from the time, when one person imprisoned, under Section 22, it shall be deducted before, the rest amount is deducted from fine. Once the application has been submitted, a response is usually provided on the same day. Any person has no other apparent or sufficient means of subsistence, and: The provisions of this Section shall not be applied to any person who receives maintenance from a prostitute who is bound to give maintenance according to law or morality. Section 244 Whoever, possesses for uttering any thing obtained by him, which he knows to be counterfeited according to Section 240 or altered according to Section 241, shall be punished with imprisonment of one to fifteen years and fined of two thousand to thirty thousand Baht. Suspects can be held for 48 hours without charge by the police (longer if placed in the custody of the court). It is not a substitute for legal advice, which can only be provided by a lawyer qualified to practice in Thailand. Section 339 bis If the robbery is committed against the thing according to the first paragraph of Section 335bis, the offender shall be punished with imprisonment of ten to fifteen years and fined of twenty thousand to thirty thousand Baht. The offence according to this Section is compoundable offence. Section 227 Whoever, having the profession of design, control or construction, reparation or removal of building or structure, failing to comply with the rule or method to be duly carried out in such undertaking in the manner likely to cause the danger to the other person, shall be imprisoned not out of five years or fined not out of ten thousand Baht, or both. Section 148 Whoever, to be the official, by a wrongful exercise of one's functions, to coerce or to induce any person to deliver or to procure the property or any other benefit for oneself or other person, shall be imprisoned as from five years to twenty years or to life imprisonment, and fined as from two thousand Baht to forty thousand Baht, or both. Section 17 The provisions in Book 1 of this Code shall be applied in the case of offence according to the other laws also, provided that such laws will have been prescribed otherwise. The principal objective of criminal law procedure is to ensure a fair and just process in the determination of guilt or innocence. If the offence as mentioned in the first paragraph is committed by breaking open the place of confinement, by doing any act of violence, by threatening to do any act of violence or by participation of three persons upwards, the offender shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both. If the commission of the offence according to the first paragraph causes death or grievousbodily harm to the person detained, confined or deprived of the liberty of person, the offender shall be punished as provided in Section 290, Section 297 or Section 298. Either party may appeal a judgment of the Court of First Instance to the Appeals Court within one month of the verdict. An appeal of the Appeals Court decision to the Supreme Court must be made within one month of the reading of the Appeal Court judgment. Offences Relating to Cause Public Dangers as provided in Section 217, Section218, Section 221 to Section 223 excepting the case relating to the first paragraph of Section 220, and Section 224, Section 226, Section 228 to Section 232, Section 237, and Section 233 to Section 236 only when it is the case to be punished according to Section 238; Offences Relating to Documents as provided in Section 264, Section 265, Section 266 (1) and (2), Section 268 excepting the case relating to Section 267 and Section 269; (2/1) Offence Relating to the Electronic Card according to be prescribed by Section 269/1 to Section 269/7. Newer codes include the Land Code and the Revenue Code. Search. But, in case of the law provides for the infliction of heavier punishment on account of individual status or the relation between the doer and the person suffering from the bad effect, such law shall not be applied so as to inflict the heavier punishment on the doer. For further information on transfer requests, please consult A Guide for Canadians Imprisoned Abroad. The police then continue their investigation of the alleged crime and report their findings to the District Attorney's Office. If the commission of such offence causes death to the person taken away, restrained or detained, the offender shall be punished with death. 0044 - 0050. You may be subject to an INTERPOL notice. Section 118 Whoever, making any act to the flag or any other emblem to be symbolized the State with the intention to deride the Nation, shall be imprisoned not out of two years or fined not out of four thousand Baht, or both. Section 178 Whoever, required by the official in the judicial post, Public Prosecutor, Official Conducting the cases or Inquiry Official to translate any of statement or means to render the wrong translation of such statement, shall be imprisoned not out of three years or fined not out of six thousand Baht, or both. Section 231 Whoever, by any means whatever, renders a lighthouse, buoy, signal or any other thing provided as a signal for the safety of land traffic, navigation or air navigation to be in the condition as likely to cause danger to such land traffic, navigation or air navigation, shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht. Once all the evidence from the trial has been submitted, the court will set a date for the judges decree, this generally takes from two to four weeks to occur.
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