THAI LAW - Passports, your personal property

THAI LAW - Passports, your personal property

Thai law

                            Over the years I have seen many times the people who were cheated or had suffered losses due to fraud or a scam going to a police station with the offender to sort out their problem. Normally the police will try to get them to compromise with each other by being the middle man, they will try to negotiate between the two parties and ask if or when the offender can pay back the amount owed whilst scheduling another meeting at a future date to check on the situation. After the negotiations on the condition of the agreement on both parties the case will be dropped for a while and the police will ask you to pay back the money owed in a future date normally a week to two weeks. This is always the case with the police including other situations such as accidents etc. not just fraud or cheating cases. After all this the police will tell you that you will have to leave your original passport with the police until the time that you pay back the sum when the passport will be returned.

                            One such case concerned three parties’ two men and one woman, the two men being business partners and the woman being the girlfriend of one of the partners. The lady was brought to the police station by the business partner of her boyfriend and was accused of cheating nine million baht from him. She argued that she did not have anything to do with it or any of the money at all and claimed it was all concerning her boyfriend. But the business partner argued that they had sometimes transferred company funds to her bank account in Singapore, on realizing this woman became scared but still stuck to her story. The lady said to the police that she would try to talk to her boyfriend about how to pay back the money he owed but it would be difficult as he was arrested regarding another case.

                            At that time the police said that if you are planning to pay him back can you give me your passport and then come back to talk with each other again about the plan. After this agreement and handing the passport over, at the next scheduled meeting she found out that the business partner had no evidence whatsoever of sending money to her account. After this she should have been let go with no legal obligations whatsoever but this was not the case at all. Because the business partner did not drop the case and kept trying to find a way to take the case to court and would not stop until the police allowed him to do so. The legal proceedings took a very long time, in fact almost 3 years during which the lady could not travel abroad due to her passport being property of the court. At the end of the case the defendant was found to be innocent which was the case since the start but because of her passport being in the hands of the police it she was dragged into a long and drawn out process. Unless there is evidence of your wrongdoing, then under Thai law, the police have no authority to retain your passport.

Thai law

                            If you wish to settle a similar case quickly then please go ahead and try to make a compromise with the other party with the help of the police and schedule another appointment at the station at a later date. But make sure that you do not hand over your passport, if it is like the above story then if there is no evidence you are free to go, you can fly out of the Kingdom, you can work normally and do everything you would normally do. But if you give your passport over to the police then it is like you are saying that you are the guilty person and you are agreeing that you have to pay back the necessary amount to the other person. Your passport is your personal property which should be on you at all times similar to a Thai citizens ID card, for something like this the police cannot force you to hand it over and they have no legal authority to make you.

THAI LAW - Passports, your personal property

Thailand law, Thai law | Condotel

                           

                            Thailand law, Thai law | Condotel

Thailand Law

                       Here in Thailand especially in the big cities near large business districts the real estate trends are leasing and sub-leasing rather than buying and selling properties under Thai law. But there are downsides to this form of business, such as when you have a lease holder who owns the land with three , four splay sub-leases important to confusion, deception and contract attempts. This chain of sub-leasing is a flawed system that is open to exploitation .

Condotel

                       The problem under Thai law start when one major sub-leasee adjudges to develop the qualification either as a hotel, condo or business space and then onward leasing it out to a number of other buyers at a higher price. These contestant will be without the info of who the major lease holder is and think that the project developer is the property owner too. After the building is completed  the developer  then sell  the suitable to lease a segregated space or  room, this amount is calculated using the tenant rate over ten, twenty until thirty years depend on the length of the lease. This quantity can come up to be many millions normally paid upfront to encourage the payments of the program developer to the major lease holder.

Thai Law

                       By reason of the nature of the contracts that follow Thai law if a previous sub-leaser does not make his lease payments then the whole system will fall apart as the property owner will want his building back if he is not receiving any money. This leaves the people occupying the space in a very bad situation as even though they have a contract and have paid money they did not in fact have any suitable to the space.

Thailand Law

                     Our comment: On a situation like this we recommend you to make sure to double check with any project developer to make sure that they have the right from the landlord to lease to you. Likewise with any lease longer than three years you are required to register your name under the title deed which is done at the land department. When we have a case like this in court it is a very complicated situation for everyone involved, by Thailand law if the land owner does not receive payment from the first subleasee then he has the right to reclaim his property.

Thai Law

                     With this example we don’t want to concentrate on who is cheating who but rather to make sure that when you come to make a contract together the person who you are making it with has the right to sign this contract with you. If not then you may lose a lot of time and money as it is very difficult to prove your rights in court. Whenever it is necessary to make a contract please use a lawyer to check it for you and to protect yourself. If you have your own case or any questions regarding Thailand law please write in to us .

Thai Immigration | Tourist Police in Thailand

                    Thai Immigration | Tourist Police in Thailand

Thai immigration law

                          Being a tourist in Thailand can be a wonderful experience, seeing the sights, experiencing the rich culture and taking in the atmosphere of this special Kingdom. The first thing a tourist are checked  by  Thai Immigration when they arrive in Thailand. But don’t worry too much about Thai Immigration .The people of Thailand will greet tourists with a smile and try to help you with any problems that they might have, whether it is providing directions or giving advice on what you should order at a Thai restaurant. But this is not always the case, sometimes tourists are short changed or cheated and what can they do in his foreign land which is not their own.

           
                         Some time ago a German couple visited the Kingdom of Thailand for a holiday and chose to stay at a beachside town. During their stay they rented a beach front apartment from a landlady that they had contacted from an internet advertisement. Over the next few weeks they enjoyed their time off and soaked in the sun by the sea shore, but when it came time for the couple to return home. The couple was shocked to find that the deposit they had put down for the apartment was not going to be returned. The landlady had complained to them when she checked the room that there was some damage done and that the deposit will be taken as collateral.

                          The German man being sure that the damage she had specified was not caused by him or his partner argued his case, but the landlady would not listen. Being sure he was being cheated the German man did not know what to do, he did not want to lose his deposit and he would be leaving the country in the next couple of days. His partner not wanting to cause trouble with the locals and not knowing where to turn to for help, tried to persuade the German man not to fight and just let the situation be. The German woman also did not want to get caught up in a foreign justice system that they did not understand. But the man was quite adamant of being right and tried to at least find a solution to their problem.

Thai immigration

                       Using the internet the German man found the Tourist Police hotline and contacted the number immediately. He explained their situation and arranged to have an officer come to help resolve the case. When the officer arrived the German man told the story to him again and asked the officer to speak with the landlady. After hearing both sides of the story the officer reported in with the station with the details he had gathered. Whilst investigating the report the officer found out that the landlady had a record of manipulating foreign clients out of their deposit through unfair means and that the German couple was not the first victims of this scheme. Returning with this evidence the Tourist Police officer confronted the landlady and questioned her about it. Knowing that this could lead to severe legal problems the landlady promptly returned the deposit and apologized to the couple.

                                 Our comment: Tourist Police have to be involved in almost everything about tourists different from Thai Immigration because it is their duty to give information and advice to foreigners visiting the Kingdom of Thailand. But it turns out that tourists are suspicious of the Tourist police. By having the power to detain suspects, bring charges against them, investigate cases ,such as not having a driver’s license and can arrest criminal offenders. But this is not true, Tourist police only have the authority to arrest suspected criminals but are not involved with any further processes of the law such as pressing charges or investigating cases. These tasks are forwarded to the District police station to be processed by standard police officers. It is not their duty to perform these tasks as the Tourist Police are here to assist foreign travelers in the country rather than to persecute offences committed by tourists. About Thai Immigration , their duty to check people who come to Thailand. So Thai Immigration and Tourist police are quit different.  

Thailand Law | Bodily Harm

Thailand Law | Bodily Harm

Thailand law

                     Quite often we have seen a lot of cases where bodily harm is inflicted, there are many bars and there are always a lot of people who will spend time there to drink the alcohol. Sometimes they will get too drunk and end up in an argument which will turn into a fight with the other person. Almost all of people don’t know Thai law very well. If later on the party that was injured goes to the police station to report that Mr. A hurt Mr. B then the police will send the injured party to the hospital for medical treatment. With the medical treatment the doctor will diagnose and give the proper care to the injured party but they will also give a statement of how serious the injuries are and how many days the victim will have to be treated. The amount of days hospitalized carries with it harsher punishments on the party that inflicted the injuries. If a person is accused of inflicting bodily harm to another person they are liable to be punished by the Thai law with up to two years imprisonment and/or a fine of up to four thousand baht. If grievous bodily harm is inflicted then the punishment will be haft of year to ten years imprisonment follow Thai law.

Serious bodily injury are as below:

1) Deprivation of eyesight, deprivation of  hearing, cutting of the palate or loss the sense of smell.

2) Loss of genital organs or reproductive ability.

3) Loss of an arm, leg, hand, foot, finger or any other organ.

4) Permanent disfiguration of the face. 

5) Abortion

6) Permanent insanity

7) Infirmity or chronic sickness which may last throughout life.

8) Infirmity or sickness causing the injured person to be in cruel bodily hurt for twenty days or to be unable to below the ordinary pursuance for over twenty days.

                      The main point of this is that whenever you go to the police station after an incident has happened, if the police believe your case and go to arrest the person that hurt you, they can make a judgment on whether they are guilty or innocent. Or the other way around if they find evidence and judge that both sides are liable then they will not investigate anything but will then sue both parties to be the co defendant of which you will have to prove your innocence to the court. The Thai court judge has the authority to convict bother parties or just one side follow Thailand law , this is all based on which side has the best case with the strongest evidence such as witness testimony.

                        Lawyer Comment: Please understand that once you go to the police station to file a report the Thai police will ask you to compromise and finish the case together, if you don’t want to do that you will have to prove that you are not guilty under Thai law. This can be difficult if you are intoxicated as well, maybe some witness saw that you are the cause of the case of causing bodily harm or maybe the other side will make up the witness to point to you to say that you are the one who is in the wrong. It happens a lot in Thailand if you’re not sure that you’re one hundred percent not the cause of anything. The way we have experience in fighting cases like this, we have to check if they have any camera records or CCTV system installed as these systems cannot lie. Please ask the police to check the venue or location of the crime for use as evidence, being convicted of this crime or even the punishment may not be too severe in most cases but it is enough for the authorities to deport you as foreigner who is staying in the Kingdom but is making problems. If you have any questions regarding Thailand law please contact to us and we will answer any questions

Law Firm in Thailand | Custody Guide

Law Firm in Thailand | Custody Guide

Law Firm in Thailand

                        When married life comes to an end and either or both partners plan to divorce from each other there are many factors to consider are children involved, what kind of paperwork or legal process are required and whether or not  the divorce is legal in your home country. Some people need help from law firm Thailand. If you were married in Thailand you can go directly to the district office that you registered your marriage to file for divorce by agreement from both the husband and the wife. If you were married abroad you are required to submit the case to court, the court will require you to prove that in your native country they have the same cause for divorce as per Thai law, if they have the same law then it falls under the conflict laws act and you are eligible for divorce both here and abroad. Also by using this method if you receive a successful judgment, but the other party does not agree to the divorce you can use the judgment at the district office in place of the other party intentions. You can get some advice from law firm Thailand.   

                       During a custody case our law firm Thailand recommend  you must understand that any child you and your partner have together are not asset’s they are human beings and as such the judge will never care about the welfare of the two parents but will only care about the welfare of the child. The judge will always make his custody decision based on which side can provide the better life for the child in question. Although the court will have the final say any custody verdict’s are not permanent, if you receive custody from a court judgment it doesn’t mean you will have that custody forever.  By not keeping your word and caring for your child as per the courts terms custody may be given to the other side. Whilst in court you will have to prove that your financial situation is stable but that is not the only factor, you will also have to prove that you have enough time to properly care for your child as well. If you have the money but not the time then your case may not be successful, you will also have to take care of the child by yourself it doesn’t mean you are allowed to hire someone to do it for you.

                     In our law firm Thailand experience dealing with divorce and custody battles, we see in almost all cases the spouse who plans to divorce their partner and request child custody will try to use their emotions to show off that they are the best choice and a good parent. Whilst at the same time trying to declare that the other side is not good enough or even that they are bad parents, this is not the way to go about winning a custody battle as it puts you in a bad light in the eyes of the court. We understand that they love their child but at the same time they are not the only ones who do, the other party also loves their child maybe even more so. The best way is to always think about the child first and what is to their benefit, trying to take care of them in the best possible way. We understand that the two partners don’t love each other anymore but the child still loves both of them and needs their full support. Don’t argue whose side is better than the others and let them get the best out of life.

                     Comment: Everyone involved has been a child before; when you are growing up you need the support from both sides of your family, from both mum and dad if they are together or are divorced or even if one partner has passed away. As a child they need your support as they cannot take care of themselves that is why in custody cases there is a need to concentrate on what is best for them, to have a full and good life until they are old enough to take care of themselves. We recommend that you give them more love than a normal family as they may not get as much from a broken one. We know that this is not the law or regulation but is the good moral. If you have any questions or queries about Thai law and need help from our law firm Thailand, please feel free to contact us at any time.