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.
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