Thai law and the victim

[watcharacters]

Do I understand this correctly?

"Criminal Code: Prescription (Sections 95-101) | Thailand Law Library

 

library.siam-legal.com/thai-law/criminal-code-prescription-sections-95-101/

1.  
2.  

Compound Offenses. Subject to Section 95, in case of compoundable offence, if the injured person does not lodge a complaint within three months as from the date of offence and offender to be known by the injured person, the criminal prosecution is precluded by prescription.” 

 

If a victim of a crime  knows the perpetrator, the victim has only three months to lodge a criminal complaint.   Is  the above true?   Only three months to report a crime

 

Can anyone define a compoundable offense?

 

CHAPTER 9    Quoted from the Thai government site:

PRESCRIPTION 

 

"Section 95 In a criminal case, if the offender is not prosecuted and brought to the Court within the following specified periods of time as from the date of the commission of the offence, the prosecution shall he precluded by prescription: 

 

1. Twenty years in case of offences punishable with death, imprisonment for life or imprisonment of twenty years;

 

 2. Fifteen years in case of offences punishable with imprisonment of over seven years but not up to twenty years; 

 

3. Ten years in case of offences punishable with imprisonment of over one year up to seven years; 

 

4. Five years in case of offences punishable with imprisonment of over one month up to one year; 

 

5. One year in the case of offences punishable with imprisonment of one month downwards or other punishment. "

[Kwasaki]

16 minutes ago, watcharacters said:

Do I understand this correctly?

Well law is complicated subject that's why a degree is only a start.

 

You can only file a criminal complaint if you are the actual victim of a crime. You must file the complaint within three months of the incident.

You can make the complaint against a specific person or persons or against persons unknown. You can withdraw the complaint.

 

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.

 

In a prosecution for Restriction, if it is to be made after the prosecution of the case which is the basis giving rise to the power of prosecution for Restriction, it must be made within six months reckoning from the day of prosecution of such case, otherwise it shall be precluded by prescription.

1-5 is what could take place.

 

As i understand it.

[watcharacters]

49 minutes ago, Kwasaki said:

Well law is complicated subject that's why a degree is only a start.

 

You can only file a criminal complaint if you are the actual victim of a crime. You must file the complaint within three months of the incident.

You can make the complaint against a specific person or persons or against persons unknown. You can withdraw the complaint.

 

Compoundable offences are those offences where, the complainant (one who has filed the case, i.e. the victim), enter into a compromise, and agrees to have the charges dropped against the accused.

 

In a prosecution for Restriction, if it is to be made after the prosecution of the case which is the basis giving rise to the power of prosecution for Restriction, it must be made within six months reckoning from the day of prosecution of such case, otherwise it shall be precluded by prescription.

1-5 is what could take place.

 

As i understand it.

 

That is a great start.    Thank you very much.     i'm very surprised to learn that there's such a short time frame in which  a victim can  file a complaint against a known  perp.

 

Edited March 5, 2019 by watcharacters

[Kwasaki]

5 hours ago, watcharacters said:

 

That is a great start.    Thank you very much.     i'm very surprised to learn that there's such a short time frame in which  a victim can  file a complaint against a known  perp.

 

Yeah I think Thai law is pretty much the same as the UK but that said when it gets to court Thai courts and Judges can be more forgiving in certain circumstances.

[manarak]

Quote

Compoundable and non-compoundable offences.
The first watershed, the distinction between compoundable and non compoundable offences, will certainly help us to start dispelling some doubts. While a civil action or infraction is always compoundable and can be punished only upon an action of the damaged part, called plaintiff (jot in Thai) a criminal offence can be compoundable or not compoundable. By the letter of the law and by definition a compoundable criminal offence is an offence that we can “forgive” renouncing demanding any punishments of the perpetrator and giving up any compensation. If, for instance, somebody deceives you and misappropriate your assets, you can decide whether to prosecute him/her or not or you can renounce to the action even after a trial has started. 
To make a more blatant example, according to the Thai Criminal Code, the crime of  “rape” which can be punished with 4 to 20 years of imprisonment, if it is not committed in public or causing grievous body harm or death, “it shall be a compoundable offence” (section 281 of the Thai Criminal Code).
Let’s see then what happens in real life. What are the effects and the consequences of our actions, how to protect ourselves and where we should seek help.

https://www.legalhelpthailand.com/criminal-lawyer.html

[johnmcc6]

12 hours ago, Kwasaki said:

Yeah I think Thai law is pretty much the same as the UK but that said when it gets to court Thai courts and Judges can be more forgiving in certain circumstances.

Having recently been involved with four civil suits where the plaintiffs won all four only to now see the accused has so far won two of the appeals and will  likely  succeed on two more. It seems to me the lower court makes decisions based a lot on emotion and opinion whereas the higher court relies more on the law.

[Kwasaki]

2 hours ago, johnmcc6 said:

Having recently been involved with four civil suits where the plaintiffs won all four only to now see the accused has so far won two of the appeals and will  likely  succeed on two more. It seems to me the lower court makes decisions based a lot on emotion and opinion whereas the higher court relies more on the law.

Agree but OP is referring to a criminal not civil apples and oranges sort of. 

[johnmcc6]

4 hours ago, Kwasaki said:

Agree but OP is referring to a criminal not civil apples and oranges sort of. 

 I Should have mentioned before  these plaintiffs filed criminal charges first, all which got tossed out and refereed to civil court. A real experience for me to witness in all this mess. The lesson is avoid a Thai court unless you are loaded and have lots of time. Lawyers here would run circles around a dairy milking machine.

[Kwasaki]

4 hours ago, johnmcc6 said:

 I Should have mentioned before  these plaintiffs filed criminal charges first, all which got tossed out and refereed to civil court. A real experience for me to witness in all this mess. The lesson is avoid a Thai court unless you are loaded and have lots of time. Lawyers here would run circles around a dairy milking machine.

Agree and doing your homework before proceeding to involve courts is always best from a money point of not necessarily from a principle one.