วันศุกร์ที่ 20 มีนาคม พ.ศ. 2558

Thai Law | Citizen Arrest

Thai Law | Citizen Arrest



                                 Thai Law | In many countries throughout the world there exists a law of citizen arrest, whereby a public citizen who has witnessed a criminal offence can in effect arrest the offender if there are no police officials nearby. I have been asked to clarify this law and what citizen arrest means in the provision of the Thai law. Technically a private person may not arrest any other person unless their assistance is requested by an official executing an arrest warrant or if an offender commits a flagrant offence that falls under the Schedule Annex in the Criminal Procedure Code of Thailand.

Thai Law
Thai Law


                              A criminal offense is deemed flagrant when the offender is seen committing the offence or if they are found in a condition in which there is no doubt that the offence has just been committed by them. However offences specified in the Criminal Procedure Code Schedule Annex are deemed flagrant if the following conditions apply; the person is being pursued as an offender with hue and outcry or if they are found more or less immediately after the occurrence of an offence, in the immediate vicinity and also in the possession of items which have been obtained or used in the committing of the offense.


The offences in the Criminal Procedure Code Schedule Annex are as follows;
Violence against the Royal Family
Offences against the internal and external security of the state
Violence against the friendly relations with foreign States
Injuring a flag or emblem of a foreign State
Offences against officials
Escape of prisoners
Offences against religion
Riots
Offences against public security, public communications and public health
Counterfeit currency
Rape
Offences causing death
Bodily harm
Offences against liberty
Theft
Snatching, robbery, gang-robbery and piracy
Extortion


Thai Law
Thailand Law


                              Our comment: These are the offences of which a private person may make an arrest without a warrant if the offence is deemed flagrant. Though technically you can arrest a person if the previous conditions are met you are not allowed to apprehend them as an officer would such as by placing hand cuffs on the offender, but in the necessary way you may control the offender if there are no police present and are required to as fast as possible contact a police official to come to the scene to make the arrest. If you have your own case or any questions regarding Thai law please feel free to write in to us and we will answer any questions or concerns in this column.

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