Selecting a Good Thai Translator and Thai Translation Service

Translating is more than just simply a matter of substituting words from a ‘source’ language into the ‘target’ language with, on the face of it, “corresponding" words in another, as some people would like to believe. The fact of the matter is that it is not quite as simple or as easy as that and the job of a translator necessitates so much more.

Word for Word translations simply do not work, they generally fail to communicate the real meaning effectively and also fail to take into account the target languages sentence syntax and cultural implications.

For example: In English, one would say “The White Horse” yet in Spanish it would be “The Horse White”.

In business as in personal matters, translators undertake a valuable, important and at times pivotal role in dealings all over the globe.

In a business matter, a bad translation can result in poor communication, misunderstandings, lost business opportunities and critical mistakes which can result in inefficient operations and substantial financial losses.

The same applies to personal matters being translated, misunderstanding can cause more than just hurt feelings – they can affectively portray one party as insensitive to the others persons needs, wishes, hopes, customs and beliefs. Thus being viewed as totally the wrong ‘life’ partner.

Whether as a Translator or as an Interpreter communication is the primary element and the individual must be qualified, capable and able to appropriately target the language customs in an efficient style ensuring that the respective thoughts, intent and meaning does not get lost in the deciphering and relaying from one language to another. It is therefore critical that one should learn how to choose a translator wisely.

So what are some of the basic requirements and key qualities that you should expect to find in a translator or a Thai translation service?

He/She must be a native speaker of the target language this is first and foremost. Eliminating and confirming that a Computer/Software translation is not being employed.

Additionally, He/She should have an in-depth detailed knowledge or sound appreciation of the subject matter being translated. Consequently this makes the whole translation process easier if He/She is already familiar and up to date with the meaning or inference of industry-specific words, jargon and phrases.

In addition to this, one fundamental trait that He/She must without fail have is Experience.

Before considering assigning any project, contract, document or letter to your translator, ask for samples of work that He/She has previously undertaken. However, this may not be so easy to provide, as most professional translators value their clients Confidentiality and Privacy over any commercial consideration they may gain.

Confirm that He/She has had specialised academic training or relevant background and is an accredited member of professional organisations. For instance, our Thai translators at TranslateThai are qualified professionals who have had extensive experience in their careers, across a broad range of industries ensuring that you are getting only the best value for your money.

Valuable Thai Sayings for Travelers

Traveling to an exotic spot like Thailand can be exhilarating. But sometimes, the language barrier can bring about some inconveniences, surprises and challenges. Ahead of packing your gear, get acquainted with some common sayings you are bound to encounter during your visit.

For example, when you first arrive be it by airplane, boat or train you may want to flash your biggest and best smile and say out aloud to all and sundry "sa-wat dee" which simply means “hello”, and it is so versatile a saying that it also means “goodbye”.

If on your arrival you happen to be starving (who wants to eat the food those budget airlines offer!), learn how to say "gee baht" (how much?) before running to the nearest food stand to try out the local fare.

In the event that the local cuisine does not quite agree with your stomach (do try to avoid the fried snacks of insects, arachnids and frogs) and you abruptly feel the urge to relieve yourself, remember the words "yoo tee nai" (where is?) to ask for the nearest public toilet.

Now, if after you have returned from the loo, you are swiftly met by a horde of food vendors presenting you with even more foreign food (read… fried crickets, cockroaches and scorpions – which the locals love to snack on), collect a civil smile and say "mai ow" (I do not want).

If in your rush to get away from those strange vendors of alien food, you accidentally step over someone else's foot, be certain to turn to the person and say "khor toat" (I am sorry). Oh, and never point or use your foot to move something, it is considered most impolite.

After putting a safe distance between you and those food vendors, it is now time to get yourself a metered taxi or if you are still game try a “tuk tuk”. The phrase to keep in mind is "chun/pom ja pai..." (female/male speaker, I want to go to...). Upon seeing your bewildered state, the taxi driver will with any luck take pity on you and drive you to your lodgings promptly lacking any occurrence, except for the obligatory “rort tik”, 2 hour Bangkok traffic jams!

The circumstances and story above are, of course, purely a work of fiction… well some of it is… but is that not why you wanted to travel, to see and experience a different culture!

Well now that you have learned some Thai phrases, we hope you will like traveling around this beautiful country and take our story as it was intended...not too seriously.

Have a fun holiday! From all of us at TranslateThai.com

If you do need Translation Services Bangkok, or you can translate thai into any other language do drop us a line!

Criminal Law in Thailand Part XXI: Owning a gun in Thailand

Several readers have asked whether it is legal to own a gun in Thailand.

Although the law relating to weapons discussed last week would also apply to firearms, there is a law that applies specifically to firearms. It is the Firearms, Ammunition, Explosive Articles, Fireworks and Imitation of Firearms Act _ or, the act. The act prohibits the making, buying, possessing, using or importing of guns or ammunition without a licence from the local registrar. In Bangkok, the registrar would be the director-general of the provincial administration, under the Ministry of the Interior.

In the provinces outside Bangkok, the registrar would be the sheriff, otherwise known as nai amphur.

This means that even if you have a gun or ammunition in your house and never take it out, you are violating the law unless you have a licence. Any of the above offences, including just keeping an unlicensed gun in your house, subjects you to imprisonment of up to 10 years and a fine.

Gun licences are personal to the gun owner. If you borrow or buy a gun, even if it's licensed by its owner or the person from who you bought it, it is crime to possess it.

Likewise, it's a crime even if you just keep it in your house for self-defence. This would subject you to imprisonment of up to five years and a fine unless you get a licence for it yourself.

There are additional penalties for taking an unlicensed gun to a town or village or in a public way _ up to five years' imprisonment.

Also, if you take an unlicensed gun to a public gathering such as for worship, entertainment or political purposes, you could face up to five years in jail.

This offence carries with it a minimum sentence of six months in jail.

Even if you have a licence, by the way, taking a gun to a public gathering, including a political rally or protest, subjects you to imprisonment of up to a year and a fine.

The act prohibits certain people from getting a gun licence. They are:

Anyone who has been convicted of an emimprisonable offence under the act emor the Criminal

anyone who has been convicted of emcertain offences other than those emabove more than twice in the five-emyear period before applying for the emlicence;

anyone who is not able to properly emuse a gun due to physical disability or eminfirmity. Such a person may, however, emown certain guns, but not shoot them;

anyone adjudged incompetent or emquasi-incompetent by a court or who emappears to the registrar, discussed emabove, to be of unsound mind or emhave a mental infirmity;

anyone unemployed and without inemcome;

anyone without a permanent resiemdence;

a person who has been guilty of gross emmisconduct that might affect the pubemlic order. The registrar has wide disemcretion in connection with this item emand might, for example, deny a licenceemto someone who appeared to be in a emviolent frame of mind or whose beemhaviour was erratic;

anyone who cannot produce a house emregistration document pursuant to emthe Civil Registration Act that has conemtained his or her name for more than emthan six months.

This means, of course, that a Thai person must have had his or her name in a blue house book for more than six months. Likewise, a foreigner must have had his or her name in a yellow house book for more than six months. But see below.

The law does not prohibit a foreigner from licensing a gun, and many foreigners have gun licences. Foreigners' applications are now, however, much more strictly scrutinised than those of Thai nationals.

We believe it is fair to say that few, if any, gun licences will be issued to foreigners in the near future. More about this next time.

James Finch of Chavalit Finch and Partners
(finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law Offices Ltd
(nilobon@siamcitylaw.com).
Researcher: Sutatip Raktiprakorn.
For more information visit
www.chavalitfinchlaw.com.
Comments? Questions? Contact us at
the email addresses above.

Criminal Law in Thailand Part XX: Weapons in Thailand

In a recent column we discussed an example that involved a member of the public carrying a long knife in a public place. This has triggered a number of queries from readers about who can and can't possess and carry deadly weapons, including guns, in Thailand.

Let's look at the basic law. Section 371 of the Thai Criminal Code prohibits openly carrying arms to a public place or carrying them to a gathering of people assembled for any purpose. One can be arrested and convicted with a small fine for this, and the weapon confiscated. The word "arms" in section 371 includes all weapons such as hunting knives, clubs, nightsticks, machetes and firearms. It also includes anything not necessarily intended to be used as a weapon, but that can be, such as a golf club or a rolling pin.

Let's look at an example involving items that aren't exclusively weapons. How about a baseball bat? Let's say some friends were trying to learn the game of baseball and you had a party at a local park to teach them. You showed up at the park carrying the bat, and 50 people had already arrived. Could you be arrested and the bat confiscated?

No, because although a bat can be used as a weapon, the circumstances and your intention were that the bat was to be used in a game, not to hurt somebody.

Let's look at the flipside of the rule. Say after the game you and your friends went out for a few drinks in a rough part of town and you took the same bat along for protection. In this case, you could be arrested and the bat confiscated because the circumstances and your obvious intent suggest that you would use the bat as a weapon, not in a game.

Here's another example that takes place in the same rough part of town. Let's say you had broken your ankle and were using a cane to help you walk and went with friends to that part of town. The cane, because of the circumstances and your obvious intention is simply something to help you walk. Thus you couldn't be arrested or the cane confiscated.

What if, on the other hand, you didn't have anything wrong with your ankle and had taken the cane for protection? Again, you can see that sometimes it's difficult to be a police officer. Your intention would have to be decided from the circumstances and sometimes the police walk a pretty fine line. If you were brandishing it as a weapon or hit somebody with it, the police might decide the circumstances allowed them to arrest you and confiscate it.

So just to put things in perspective, what we've been talking about above are mostly items that can be used both as weapons and for other purposes. For items such as machetes, swords and hunting knives, tasers and pepper spray, since they are practically only used as weapons, if you show up at a public gathering with these, you can be arrested and the item confiscated.

Other than firearms, are any of the above weapons required to be licenced or illegal to be kept in the home for protection? There is no law that would prevent you from having them in the home and using them as protection from intruders. Please remember, though, that there are limits on how these weapons can be used, even in the home. In a later column we will discuss the circumstances under which the use of force is justified and when it is not. Section 371 does allow for carrying concealed arms in public places with "reasonable cause", which would be defined on a case-by-case basis. This is, however, a very limited exception. Examples of this reasonable cause would be:Transporting arms to be used for sport;keeping arms in the car while transporting large amounts of cash;arms transported along with other household goods as part of the process of moving.

Just as a footnote, chainsaws of more than two horsepower and with a chainplate exceeding 30.5cm are also required to be licensed with the Royal Forest Department, even for use in the home.

The legislative purpose for this is to prevent deforestation, not crimes in the vein of those portrayed in The Texas Chain Saw Massacre, but we thought you'd want to know.

Firearms are what lawyers call sui generis - unique, in a class by themselves. Next time we will discuss the rules governing them.

James Finch of Chavalit Finch and
Partners (finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law Offices Ltd
(nilobon@siamcitylaw.com).
Researcher: Sutatip Raktiprakorn.
For more information
vist http://www.chavalitfinchlaw.com.
Comments? Questions?
Contact us at the email addresses above.
A Word of Advice on July 4 was incorrectly numbered part XVII.
It should have been numbered part XVIII.
No installment has been missed, simply misnumbered

Criminal Law in Thailand Part XIX - Arrest: Your rights and what to do

This time we're going to summarise the procedures, your rights and what to do when you're arrested. Remember, you can only be arrested in Thailand if there is a warrant for your arrest, or if some special circumstance exists, such as if you committed the crime in the presence of the police officer who arrested you.

The officer has to identify him or herself as a police officer, using reasonable means, such as showing you a badge. You should take down any such information and give it to any companions you have who are not under arrest.

Excessive force can't be used against you, and you can't be restrained in a way that is excessive or intended only to humiliate you.

At the scene of the arrest the officer also has to show you the warrant or tell you the charge. If the circumstances allow, the officer also has to tell you that:

- You can make a statement, but that the statement can in the future be used in evidence at a trial;

- you have to right to call and have a lawyer present;

- you may call a relative, friend or other party, and the police have a duty to let you use a telephone to do so.

The arresting officer has to take you to the police station immediately and help you with any medical emergencies you may have, even before taking you to the police station.

Once at the police station you must be provided with a translator at state expense if you don't speak Thai. A police officer must explain all of the above information and rights to you, even if they were previously explained by the arresting officer. You must also be allowed to call a lawyer, friend or other person at state expense. It must be explained to you that you may have a lawyer present at any stage of the procedure. You must be helped with any medical problem you have.

Before the above rights have been explained to you, a confession you have given will probably not be admissible against you in later proceedings. Because the law relating to this issue is technical, however, you should consult with a lawyer about it before assuming the police cannot use statements you have given against yourself.

As soon as you can, you should call a friend or lawyer who speaks Thai and your native language fluently. This person should meet you either at the point of arrest or the police station. The person you choose to do this must be a person who will be respectful and tactful with the police. Likewise, you should never, ever lose your temper with them. More often than not, the police are just doing their jobs, and the best way to resolve criminal issues is by being co-operative and polite.

Except under a few circumstances, the police cannot keep you for more than 48 hours in the arrest phase. We will talk later about what happens if you're convicted of a crime, but this will come later. What we're talking about now is the arrest phase only.

If the police do not comply with any of the above rules you may have the right to sue the offending officer or have them prosecuted for any crime they may have committed. On a more practical basis, you can also make a complaint to the police Commissioner General, which will trigger an inquest. There are several ways to do this, including an oral complaint to the offending officer's superior.

What if the police won't release you? You can, under criminal law, have a lawyer file a petition with a judge, who can review the case and order you released if the grounds for detaining you are improper.

This will conclude our general discussion of arrest. We will continue with other basic criminal issues, but first we want to cover a couple of specific, related issues asked about by readers. Next week we will begin coverage of the ownership and use of weapons in Thailand.

James Finch of Chavalit Finch and Partners
(finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law Offices Ltd
(nilobon@siamcitylaw.com).
Researcher: Sutatip Raktiprakorn.
For more information
visit http://www.chavalitfinchlaw.com.
Comments? Questions?
Contact us at the email addresses above

Criminal Law in Thailand Part XVI - Wrongful arrest: Crimes by the police

Last week we talked about suing the police for civil damages in the event of improper arrest. This week we'll discuss serious violations of the law by the police in the course of the arrest process, and how these can subject the police to criminal penalties.

ILLUSTRATION: NATTAYA SRISAWANG

Of course, this is the nightmare of lawyers and law enforcement officials - when the system one is trying to work in rears up and strikes back.

How can this happen? Let's look at a fictitious example, which we've created to show you how the police can step over the line.

Let's say a police officer is your neighbour. Lately, your dog has been going out at night and howling until morning. The police officer's wife has complained bitterly to your wife on a number of occasions, but you haven't done anything to solve the problem. It doesn't bother you, and you feel the police officer's family is over-sensitive about a little noise.

One night, though, you and your wife are with friends in a local restaurant to talk about the affairs of the world. The officer is on duty, walking his beat, and happens to see you through the window of the restaurant. He hasn't slept for a week because of your dog's howling, and decides to teach you a lesson.

The officer walks into the restaurant and arrests you on the spot. He cuffs you and shouts menacingly at you in Thai. Everyone at the table is frightened and, of course, has no idea what you have done. The officer grabs your arm, escorts you outside the restaurant and takes you to the police station. He tells his commander you're a suspected drug dealer and you are put in a cell.

You wait until the next morning. By this time your wife has hired a lawyer, who comes to the police station and talks to the commanding officer. The officer, your neighbour, isn't around and you are released.

In this case your lawyer can go to the public prosecutor and make a complaint. The public prosecutor can then have the police officer who is your neighbour arrested and prosecute him for having wrongfully exercised his official function in order to injure someone under Section 157 of Thailand's Criminal Code. This crime subjects the perpetrator to from one to 10 years in jail and a fine of between 2,000 and 20,000 baht, or both. You can, through your lawyer but without the public prosecutor, also go to court and institute the prosecution directly.

The officer in the above example may be guilty of an additional crime. If it can be shown that the officer intended to keep you in custody to maliciously subject you to punishment, Section 310 of the Criminal Code, backed up with substantial case law, would subject the officer to up to three years' imprisonment and a fine not exceeding 6,000 baht, or both.

Let's change the fictitious example a little, to illustrate another point. Instead of a simple arrest, the following happened. When the officer shouted in the restaurant, you were scared and stood up to leave. The officer grabbed your arm to arrest you and you, knowing you had done nothing wrong, pushed him away. He then punched you and gave you a black eye.

The rest of the example is the same. In this case, pursuant to Section 391 of the Criminal Code, the officer could be convicted of committing an unjustified non-serious act of violence in the line of duty and convicted to up to a month in jail and a fine of up to a 1,000 baht, or both.

If your injuries from the officer's misdeeds were greater, the punishment would be greater, too. Under Section 295 of the Criminal Code, for more serious injuries than the above, he would be exposed to imprisonment of up to two years plus a fine.

If, under Section 297, he caused you "grievous bodily harm", such as loss of a limb or long-term pain or disability, the officer would be exposed to imprisonment of six months to 10 years. Likewise, if you died as a result, the punishment would, under Section 290, be three to 10 years imprisonment.

Next time we'll talk about how to make a complaint of improper treatment within the police department and the remedies available in connection with this.

James Finch of Chavalit Finch and Partners
(finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law Offices Ltd
(nilobon@siamcitylaw.com).
Researcher: Sutatip Raktiprakorn.
For more information visit
http://www.chavalitfinchlaw.com.
Comments? Questions?
Contact us at the email addresses above.

Criminal law in Thailand Part XIV - Wrongful arrest and how to get released

By James Finch and Nilobon Tangprasit

What happens if you are wrongfully detained and the police won't release you? For example, suppose you were arrested on suspicion of a serious crime, drug trafficking, for instance? And let's say the reason for this was that you were mistaken for a foreigner looking, to a Thai police officer, something like you.

ILLUSTRATION: NATTAYA SRISAWANG

Here's how this could happen. Let's assume for the purpose of this fictitious example that the police are told by a reliable informant that a known drug distributor will be at a meeting at one of Bangkok's best hotels. The description of the distributor given to the police is that of a foreign man of about your height and build. You happen to be an architect and were at a meeting in one of the hotel's conference rooms discussing a project in the South with the developer. You also happen to be walking through the lobby to the door when the police enter the hotel.

Here's how the arrest goes wrong. One of the officers is sure you are the suspect. He cuffs you and hustles you into a police car and has you driven to the police station. The real suspect, seeing something is wrong at the hotel, escapes.

When you get to the station you are uncuffed and put in a room. You pull out a copy of your passport and demand to know why you are being held. When no one says much, you call someone in your office who then calls the police captain on duty.

But the police are uncertain. You do match the description of the suspect, and, though you are claiming you have nothing to do with any crime, there's nobody else who fits the general description of the suspect around. And the police don't want to let an important suspect slip through their fingers.

Things drag on and a couple of days go by. Somebody from your office has been to visit you and talked to the police, but they simply say you can't be released until you're cleared as a suspect. You've called your spouse, who has called your embassy. The embassy has advised your spouse to get a lawyer and given your spouse a list of them to call. She calls and meets with one of them.

What will the lawyer do?

Well, first the lawyer will go to the police station where you are being held and try to get you released. But what if this doesn't work, for the same reasons the police wouldn't release you mentioned above?

Section 90 of the Thai Criminal Procedure Code provides that any of the following people may file a petition with a local court to release a someone being detained:

- The person detained;

- the Public Prosecutor;

- an inquiry official, such as a police officer in charge of the case;

- a jailer or person in charge of a detention facility, or;

- the spouse, relative or other person acting for the benefit of the person detained.

The lawyer, "acting for the benefit of the person detained", could therefore file this petition directly with the court.

In Bangkok, the court with which the petition would be filed would depend on which of the criminal courts had jurisdiction over the area where the detention was made. For example, if the arrest was made in the Sathon area, the competent court would probably be the Bangkok South Criminal Court. If the detention were in the Bang Khun Thian, the competent court would likely be the Thonburi Criminal Court. If the detention were outside of Bangkok, the competent court would be the provincial court having jurisdiction over the area in which the detention took place.

The judge must immediately review the petition. The review can be ex parte - without the police present. If the judge decides the petition is proper, the judge will immediately order the police to bring you before the judge to justify the detainment. If the judge isn't satisfied that you were properly detained, you will be released.

In this case, for example, the judge might look at the petition and see that you - a foreigner working in Thailand as an architect - was suspected of being a drug king-pin with a different name. Because of the discrepancy in names between you and the suspect, the judge would then ask the police to bring you before him or her. Through an interpreter the judge might verify your name by looking at your passport and work permit. The judge could order your release then and there.

James Finch of Chavalit Finch and Partners
(finch@chavalitfinchlaw.com)
and Nilobon Tangprasit of Siam City Law Offices Ltd
(nilobon@siamcitylaw.com).
Researcher: Chanakarn Boonyasith.
For more information visit
http://www.chavalitfinchlaw.com.
Comments? Questions?
Contact us at the email addresses above.