The Thailand Criminal Justice System is based on Western law and has both similarities and differences with the criminal law systems of other countries. Thailand law recognizes basic rights, including the right to a trial, the right to present witnesses and evidence to defend oneself, the right to an attorney, the right against self-incrimination, and the requirement of proof “beyond a reasonable doubt” of guilt. In general, the Thailand police have a certain degree of discretionary power to make arrests.  However, in recent years, amended constitutional provisions have provided for a system of regular judicial review of detention and searches made by the Thai police.

The Thai penal code enumerates a number of criminal offenses which may result in arrest and imprisonment in Thailand.  In addition to the Thai penal code there are separate acts and laws which also provide for criminal penalties.

Normally, a criminal case begins with an investigation by the police, investigators from an administrative section of the Thai government or private investigators. Once enough evidence is established to file a criminal case, bail may be requested.  Bail amounts and conditions may be different for foreigners than for Thais.

Thailand does not have jury trails. In a normal criminal trial in Thailand, three judges are typically present. Orders of detention are viewed on a periodic basis when a defendant is in the pre-trial custody phase.

Some foreigners in Thailand find themselves having difficulty with the law for a variety of offenses including theft, assault, murder or business offenses, such as fraud and violations of various administrative acts and regulations. Additionally, many foreigners are also arrested for drug offenses, visa overstays and visa fraud.  Our firm handles most criminal offenses and we have experienced trial lawyers who are fluent in English and battle-hardened court room veterans. Additionally, our staff includes an American lawyer who is an expert in issues of international criminal law and matters of extradition.