Hi all,

 

When someone files a police report, but the police officer finds that it does not include any criminal activity, does the police officer then have the authority to decide that it should not be sent to the prosecutor for further review?

 

I have read that the police can only give a "recommendation" on whether the case should be prosecuted, but elsewhere I have read that complaints are only sent to the prosecutor if the police has "approved" the actual complaint.

 

So my question: Are all police reports/complaints sent on to the prosecutor for further review? Does anybody know what the process here is?

 

Would be happy about any input!

 

Thank you!

Bee

Depends whether you pay him or not.  That is a  serious comment, not a joke.  Sometimes, to get them moving on an investigation,  you have to pay an administration fee. 

On 2/14/2019 at 8:32 PM, Pilotman said:

Depends whether you pay him or not.  That is a  serious comment, not a joke.  Sometimes, to get them moving on an investigation,  you have to pay an administration fee. 

What a farce of a comment just more naive Thai cop negativity.

 

For the OP No not all reports are sent.

If it was filed as an incident report or miscellaneous such as lost property, they with not send it for prosecution.

And yes, if they determine no crime occurred or it lacks criminal elements (such as a mutual combat argument or fight) they will not send it for prosecution.

If you have more details it may help but if you were told "no crime" it will be kept on file and not sent for prosecution.

Why would a Police officer, anywhere in the world, send a report to the prosecutor detailing no crime? 

 

Dear Prosecutor

 

Mr X was caught on camera driving his pickup through a green light. Later, he was observed leaving Big C with five items in a bag, and a receipt that matched exactly those items. 

3 hours ago, bkk6060 said:

What a farce of a comment just more naive Thai cop negativity.

 

For the OP No not all reports are sent.

If it was filed as an incident report or miscellaneous such as lost property, they with not send it for prosecution.

And yes, if they determine no crime occurred or it lacks criminal elements (such as a mutual combat argument or fight) they will not send it for prosecution.

If you have more details it may help but if you were told "no crime" it will be kept on file and not sent for prosecution.

Sorry, but you do not know what you are talking about.  There is a Police procedure that allows you to pay to start an investigation. My wife has used it 3 times. It takes the place of civil proceedings in a UK court for example.  Get your facts right before you start to throw insults at people,   Its not helpful to others. 

1 hour ago, Pilotman said:

Sorry, but you do not know what you are talking about.  There is a Police procedure that allows you to pay to start an investigation. My wife has used it 3 times. It takes the place of civil proceedings in a UK court for example.  Get your facts right before you start to throw insults at people,   Its not helpful to others. 

No, you are wrong.

You seem to know little about this.

In this case an investigation was started and determined to not involve criminal elements or activity.

Stop spreading false information that anytime you pay the police they will conduct a further investigation based on nothing. That is a flat out untrue and false....

1 hour ago, bkk6060 said:

No, you are wrong.

You seem to know little about this.

In this case an investigation was started and determined to not involve criminal elements or activity.

Stop spreading false information that anytime you pay the police they will conduct a further investigation based on nothing. That is a flat out untrue and false....

whatever dude

The Police can determine that your complaint is a "no crime" complaint and not forward it to the prosecutor. If they determine the crime is borderline, they tend to bury it. They do this as there is a tremendous amount of investigation and paperwork that needs to be done prior to the complaint going to the prosecutor. 

If you feel wronged, you can insist they send it to the prosecutor who will determine if a crime has been committed.

Even if the prosecutor determines a crime has been committed. he/she can choose not to pursue it.

On 2/14/2019 at 8:32 PM, Pilotman said:

Depends whether you pay him or not.  That is a  serious comment, not a joke.  Sometimes, to get them moving on an investigation,  you have to pay an administration fee. 

 

 

You are 100% spot on.

1 minute ago, watcharacters said:

 

 

You are 100% spot on.

tell that to bkk6060, he seems to have a problem with that reality. 

On 2/14/2019 at 8:32 PM, Pilotman said:

Depends whether you pay him or not.  That is a  serious comment, not a joke.  Sometimes, to get them moving on an investigation,  you have to pay an administration fee. 

Siam Legal says here that you are speaking through a blowhole usually hidden in polite company.

 

So does common sense. I have to be able to afford an "administration fee" for the police to do their job - really? Now, when I am a party in a court matter and need legal representation, that's a different scenario.

19 minutes ago, Bang Bang said:

Siam Legal says here that you are speaking through a blowhole usually hidden in polite company.

 

So does common sense. I have to be able to afford an "administration fee" for the police to do their job - really? Now, when I am a party in a court matter and need legal representation, that's a different scenario.

as I said to the last chap, whatever dude. I know what the reality is. 

23 minutes ago, Pilotman said:

as I said to the last chap, whatever dude. I know what the reality is. 

Which is that you're a jackass. However, if you retract

 

On 2/14/2019 at 8:32 PM, Pilotman said:

That is a  serious comment, not a joke.  Sometimes, to get them moving on an investigation,  you have to pay an administration fee

and admit that you wink wink meant a bribe and not an official fee then I shall retract the jackass slur. But you might then be liable for maligning the BB, not that they do not include the occasional bad apple on the take.

1 hour ago, Bang Bang said:

Which is that you're a jackass. However, if you retract

 

and admit that you wink wink meant a bribe and not an official fee then I shall retract the jackass slur. But you might then be liable for maligning the BB, not that they do not include the occasional bad apple on the take.

where is a moderator when you need one. 

Here's what can happen if someone does pay the police to do an investigation:

 

https://www.thaiexaminer.com/thai-news-foreigners/2018/10/26/magic-skin-scandal-thai-police-officer-bribery-in-thailand/

3 hours ago, Bang Bang said:

But you might then be liable for maligning the BB, not that they do not include the occasional bad apple on the take.

The occasional bad apple. Right. The others aren't apples.

 

Why would a Police officer, anywhere in the world, send a report to the prosecutor detailing no crime? 

 

Dear Prosecutor

 

Mr X was caught on camera driving his pickup through a green light. Later, he was observed leaving Big C with five items in a bag, and a receipt that matched exactly those items. 

The complaint... It was on the 4th of the month, and the bag was green with a C printed on it.

17 hours ago, AAArdvark said:

Here's what can happen if someone does pay the police to do an investigation:

 

https://www.thaiexaminer.com/thai-news-foreigners/2018/10/26/magic-skin-scandal-thai-police-officer-bribery-in-thailand/

with respect Sir, this is not a bribe that I am talking about.  It is written police procedure whereby, if you think an incident or situation requires an investigation, but the Police initially disagree, you can pay a fee to have that investigation initiated. We did it when a niece of ours was in a motorbike accident, where the Police did not initially carry out a full investigation, including interviewing various witnesses to the accident.  We paid the fee of 5K, and a further investigation was then carried out.  It resulted in our niece receiving 30,000 Baht from the other rider involved.  Nothing underhand and all perfectly legal. 

On 2/15/2019 at 11:42 PM, bkk6060 said:

What a farce of a comment just more naive Thai cop negativity.

 

For the OP No not all reports are sent.

If it was filed as an incident report or miscellaneous such as lost property, they with not send it for prosecution.

And yes, if they determine no crime occurred or it lacks criminal elements (such as a mutual combat argument or fight) they will not send it for prosecution.

If you have more details it may help but if you were told "no crime" it will be kept on file and not sent for prosecution.

The only "farce of a comment" is yours. Pilotman's comment is 100% valid. That is unfortunately how the police operate in Thailand. It's one of the many reasons why Thailand is never taken seriously as a country on the world stage and will forever remain known as a dodgy south-east Asian backwater.