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The issue of warrant under Thai law

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The arrested person shall, without delay, be notified of the charge and details ... person is likely to have committed an offence and there also exists a reasonable ... – PowerPoint PPT presentation

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Title: The issue of warrant under Thai law


1
The issue of warrant under Thai law
2
  • Section 101 Any person who spreads or
    disseminates false information about the danger
    from any point source of pollution with the
    intention to destroy its reputation or to
    undermine public trust on the lawful operation of
    its business or activity shall be punished by
    imprisonment not exceeding one year or fine not
    exceeding one hundred thousand baht, or both.
  • If the spread or dissermination of information
    according to the foregoing first paragraph is
    done by means of publication, announcement,
    advertisement or report through newspaper, radio,
    television or other forms of mass media, the
    person who commits such act shall be punished by
    imprisonment not exceeding five years or fine not
    exceeding five hundred thousand baht, or both.

3
  • Thai Constitution 1997
  • Section 39 A person shall enjoy the liberty to
    express his or her opinion, make speeches, write,
    print, publicise, and make expression byother
    means.The restriction on liberty under paragraph
    one shall not be imposed except by virtue of the
    provisions of the law specifically enacted for
    the purpose of maintaining the security of the
    State, safeguarding the rights, liberties,
    dignity, reputation, family or privacy rights of
    other person, maintaining public order or good
    morals or preventing the deterioration of the
    mind or health of the public.The closure of a
    pressing house or a radio or television station
    in deprivation of the liberty under this section
    shall not be made.The censorship by a competent
    official of news or articles before their
    publication in a newspaper, printed matter or
    radio or television broadcasting shall not be
    made except during the time when the country is
    in a state of war or armed conflict provided
    that it must be made by virtue of the law enacted
    under the provisions of paragraph two.The owner
    of a newspaper or other mass media business shall
    be a Thai national as provided by law.No grant
    of money or other properties shall be made by the
    State as subsidies to private newspapers or other
    mass media.

4
  • Thai Constitution 1997
  • Section 237 In a criminal case, no arrest and
    detention of a person may be made except where an
    order or a warrant of the Court is obtained, or
    where such person commits a flagrant offence or
    where there is such other necessity for an arrest
    without warrant as provided by law. The arrested
    person shall, without delay, be notified of the
    charge and details of such arrest and shall be
    given an opportunity to inform, at the earliest
    convenience, his or her relative, or the person
    of his or her confidence, of the arrest. The
    arrested person being kept in custody shall be
    sent to the Court within forty eight hours as
    from the time of his or her arrival at the office
    of the inquiry official in order for the court to
    consider whether there is a reasonable ground
    under the law for the detention of the arrested
    person or not, except for the case of force
    majeure or any other unavoidable necessity as
    provided by law. A warrant of arrest or detention
    of a person may be issued where1) there is
    reasonable evidence that such person is likely to
    have committed a serious offence which is
    punishable as provided by law or2) there is
    reasonable evidence that such person is likely to
    have committed an offence and there also exists a
    reasonable cause to believe that such person is
    likely to abscond, tamper with the evidence or
    commit any other dangerous act.

5
  • Thai Criminal Procedure Code
  • Section 66 The cause will be issued the arrested
    warrant as follows
  • When there is the evidence as may be reasonable
    to anyone likely to have committed the criminal
    offence to have the rate of maximum imprisonment
    exceeding three years or
  • When there is the evidence as may be reasonable
    to anyone likely to have committed the criminal
    offence and there is cause as may be suitable to
    be believed that one will evade or go and get
    involved in the evidence or cause the danger
    else
  • If such person in default or fixed place of
    residence or does not come as summon or date
    without reasonable excuse, it shall be presumed
    that such person will evade.
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