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:
- An accused can meet and ask for counsel from his becoming lawyer personally.
- An accused’s lawyer or trusted person can stay during an interrogation.
- An accused’s relatives can meet or contact an accused on reasonable basis.
- When an accused gets sick, he can be cured as soon as possible.
- 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.
- 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.