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.
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.
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