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ResourcesThailand Criminal LawAttorney Services and Prison VisitationThe Thailand Criminal Justice System: Investigative Detention

The Thailand Criminal Justice System: Investigative Detention

Transcript of the above video:

In this video today as the title suggests we are going to be discussing Investigative Detention.

There is another recent video we put up on this channel with respect to bail; I urge those who are watching this video, they may be interested in checking out that video on the specific issues of bail. But bail hearings are allowed in Thailand. They are a sort of a “show cause” hearing in order to determine whether or not bail is warranted or a further detention is warranted but there is this notion of what is called “Investigative Detention”.   

Basically investigative detention occurs, the point at which a judge determines there is further cause to investigate a crime in the Kingdom of Thailand by the police or by the criminal justice authorities here in the Kingdom. Until a prosecutor in Thailand files actual charges, so rather than the police just sort of making citations, a prosecutor actually files charges with the courts, investigative detention has to be constantly reauthorized by a Thai judge. This re-authorization has to occur in cycles of 12 days at a time. There is only going to be a maximum of seven 12-day periods which are going to be authorized by a judge with respect to investigative detention and thereafter, there is also a 7-day period for final prosecutorial review of a case, so 91 days total in which someone can be sort of detained without a trial having started. So you have got the initial 48 hours prior to showing cause and then thereafter the judge can authorize further investigative detention for 12 days and thereafter for seven more increments of 12 days plus a 7 day review period culminating in a final finding that a case is warranted and bringing the case to trial at which point it is very well advised and throughout this whole process, it is very well advised to have confident Thai legal criminal counsel on hand to deal with not only possibly the plea for bail which is extremely important because you can spend 91 days in jail before a trial even occurs, and also because in furthering the case when the case goes to trial, strongly advised to hire confident Thai legal counsel. I am not a Thai attorney; we have Thai attorneys here on staff. I am just providing this video informationally to those who speak English. But that being said, confident Thai legal counsel, criminal legal counsel, criminal litigation specialists are going to be very beneficial for those who are accused of crimes in the Kingdom of Thailand especially those of foreign extraction as all of these matters are handled in the Thai language and a Thai interpreter may be warranted as well.