Thai Law Database Online

Rights of the accused under Thai Criminal Procedure Law  

            Nothing in the World is certain, even your life. You may involve in a crime easily by walking near a murder scene at night or carrying a bag for an unknown person but turning out to be a crack. Just because of your suspicious behavior, a police officer may arrest or give you a summons for an investigation. Then, your status will be changed to an accused. Anxiety occurs but don’t forget your right. Here are your rights since you are arrested as an accused:

1. An accused can meet and ask for counsel from his becoming lawyer personally.
2. An accused’s lawyer or trusted person can stay during an interrogation. 
3. An accused’s relatives can meet or contact an accused on reasonable basis.
4. When an accused gets sick, he can be cured as soon as possible.
5. After a police officer or an inquiry officer finishes making legal documents or inquiry documents, he should read such documents for a person giving statements (an accused.) If documents’ statement is opposed, changed, or added, a police officer or an inquiry should change for a correct statement or note a reason for remaining unchanged. Then, a statement-given person (an accused) should sign for affirming documents’ correctness. If an accused denies signing, a police officer or an inquiry office should note a reason for such act.
6.  If an accused cannot speak or understand Thai language and does not have a translator, a police officer or an inquiry officer should provide a translator for an accused as soon as possible.

              However, an interrogation is very important process for you and for justice process because a public prosecutor’s and the Court’s decision results from collecting evidence during the interrogation. Therefore, you really should know your right while you are being interrogated as follows:

1 An inquiry officer should inform an accused about fact of doing a crime and an allegation.

2 An inquiry officer should give an accused an opportunity to refuse an allegation and explain fact in favor of an accused.

3 An accused has a right to have his legal counsel or trusted person with him during an interrogation.

4 Before an accused gives testimony, an inquiry officer should inform that an accused has a right to remain silent. Anything he says will be used against him in court. Moreover, an inquiry officer should inform that he has a right to have his legal counsel during an interrogation.

5 An inquiry officer notes as an accused testify.

6 An inquiry officer cannot give a promise, coerce, deceive torture, use force against, or act wrongfully for persuading an accused to testify.

                When you know your right, you can protect your life. If an inquiry officer does not notify the right no.3 or 4 to the accused as mentioned above before asking questions, Criminal Procedure Law states clearly that any of saying, given by the alleged offender in the respect of the inquiry official will not be able to admit as evidence in proof of such person’s offence.  However, the best choice for an ordinary person is to throw yourself away from the status of an accused. Good luck everybody.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

                                 Loan Agreement

Have you ever borrowed some money from someone, and vice versa? Many years ago, one of my friends borrowed me some money, I gave him the money without hesitating. I did not even ask him when he would repay me. Until now, he has not repaid me yet. He may forget! When I study law, I just realized that any agreement should be made in writing.

Under Civil and Commercial Code, section 653 states that a loan of money for a sum exceeding two thousand baht in capital is not enforceable by action unless there is some written evidence of the loan signed by the borrower

First, we talk about the amount of money. Only a loan of money that exceeds two thousand baht is needed to do in writing, otherwise such loan cannot be taken by action. Therefore, any loan of money can be made by oval. However, I recommend that always make it in writing.

“Some written evidence” some people understand that the loan agreement must be made only in a piece of paper. Actually, you can write a loan agreement anywhere. You may make it on a wall, a table, your body, etc.  However, the loan agreement should be written in a paper because it is easier to show the Court. Please be noted that in the loan agreement must at least show that someone borrows your money, and he will repaid, the amount of money, and signed by the borrower. A name of lender, the expected date of repayment, the date of loan agreement are not needed. However, the more information you put in the agreement, the easier to prove to the Court.

Edition or Alternation of a loan agreement

***If a loan agreement is made completely, the second loan agreement should be made separately from the first one. If the second loan agreement is not made, the borrower just crosses the amount of money of the first loan out, combines the amount of money for the first and second loan together, and put it in the first agreement without signing his name again. Only the first loan agreement is considered to be written evidence. 

For an example, Mr. Peter borrows Miss Somsri for the amount of five thousand baht. They both make a loan agreement already. On the same day, Peter needs two thousand baht more, so they agree that they crosses out five thousand baht out and put seven thousand baht instead in the agreement. Under law, only the loan agreement for five thousand baht is considered to be written evidence.  Therefore, Peter is liable for only five thousand baht.

In addition, law provides that interest shall not exceed fifteen percent per year; when a higher rate of interest is fixed by the contract, it shall be reduced to fifteen percent per year.

Time to pay back

If a loan agreement is made in writing and the borrower repay by money, the borrower can prove the repayment to the Court when:

1. There is some written evidence signed by the lender; or
2. The document evidencing the loan has been surrendered to the borrower; or
3. The document evidencing the loan has been canceled

Therefore, if the borrower repay by giving things, not money, the borrower does not need to follow the either method as mentioned above to prove the Court.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.

                       Wills under Thai Law

            What do you think about a will? Under Civil and Commercial Law, section 1620 states that where a person dies without having made a will, or if having made a will, his will has no effect, the whole of his estate shall be distributed among his statutory heirs according to law.

            Therefore, if you die without making a will, your all property will be distributed to your son, daughter, parents, etc. Many problems arising to the family that a will is not made. When you die, your son may not know how much estate you have and where it is? Your son needs to collect it and apply to the Court to appoint an administrator of the estate. And that takes time! Furthermore, your children may kill each other just because of your estate. So, a will is a good solution for you and your children. You can manage your estate or other matters which will take effect after your death.

            You know you can make a will by yourself, no need to hire a lawyer. The will you yourself can make must be in the form as follows:

1. A will must be made in writing, dated at the time of the making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator. Be careful! If you would like to erase, add or do other alteration in the will, you must make it in the same form as prescribed above.
2. A will must write with his own hand the whole text of the document, the date and his signature. Be careful! If you would like to erase, add or do other alteration in the will, you must make by your own hand and signed by you.

     Please be noted that the writer of the will or a witness thereof cannot be a legatee under such will.

     In addition, the following person cannot be witnesses of a will:

1. A minor( a person is under twenty years of age);

2. A person of unsound mind or a person adjudged quasi-incompetent;

3. A person who are deaf or dumb or blind.

People do not know when people will die. A will can make sure that any estate we have will be transferred to the person we would like to give after death.

Disclaimer: The information provided on this site is for informational purposes only. No warranty is expressed or implied.
Before taking any legal action, persons are advised to seek the advice of a lawyer qualified in the area of law concerned.