Does anyone know if you can get a meeting with a prosecuting attorney in Pattaya?

[Longwood50]

Without going into too much detail, we are encountering a problem in our village with the Juristic Entity.  What is being reported to the Land Office does not coincide with the meetings.  The Land Office suggested to videotape the meetings.  I have taped the last 3 meetings and it is obvious that I am doing so.  At the last meeting the chairperson who is Thai was shouting at me to stop the videotaping.  He then attempted to take my cell phone that I was using to tape the meeting.  He grabbed me twice in an attempt to obtain the cell phone.  Since I was taping, I have the incident taped clearing showing him grabbing me.  I have made a police report but of course the Thai police are only concerned with more significant events.  I am considering suing for assault but would like to speak to a prosecuting attorney before proceeding to get an opinion as to whether the actions rise to the level of assault.  Yes I can ask a private attorney but of course they will want to pursue the case whether warranted or not in order to earn a fee.  Please PM me if you know of a way to get an unbiased opinion. 

[VocalNeal]

Surely life is too short for this sort of thing?

[Longwood50]

11 minutes ago, VocalNeal said:

Surely life is too short for this sort of thing?

Did anyone request commentary? 

[Ralf001]

lol @ Sue.

 

If it really bothered you why not just put one on the persons chin and sit em on their <deleted> ?

[lopburi3]

56 minutes ago, Longwood50 said:

The Land Office suggested to videotape the meetings.

Have you taken to the Land Office?  Would seem first port of call if they suggested doing it.

[ezzra]

I can ask my friend who is a lawyer in Pattaya but please explain what is "prosecuting attorney" you're referring to?...

[Longwood50]

1 hour ago, lopburi3 said:

Have you taken to the Land Office?  Would seem first port of call if they suggested doing it.

The Land Office in Thailand is an unusual agency.  They are charged with taking in documents and approving Juristic Entities.  However they do not investigate anything, nor do they take any enforcement action.  The documents submitted can be totally fabricated, or not turned in at all and the only recourse is a lawsuit.  

 

[Longwood50]

1 hour ago, ezzra said:

I can ask my friend who is a lawyer in Pattaya but please explain what is "prosecuting attorney" you're referring to?...

In most countries the prosecuting attorney works for the government and brings charges against defendants for breaking the law.  In the USA the prosecuting attorneys will bring charges not only for criminal offenses but also when a party is guilty of violating some government law.  Example would be a person who fails to obtain a building permit, or discharges pollution into a river etc.  

In Thailand the prosecutors office handles criminal offenses.  So if you were charged with homicide, arson, theft etc. the police arrest you and the prosecuting attorney decides if he/she has sufficient cause to charge you with the offense and take you in front of the court to determine your guilt and determine your punishment. 

The prosecuting attorney in Thailand will generally not deal with minor offenses.  However one thing unusual in Thailand is unlike the USA a private citizen can bring a lawsuit charging another with a criminal and/or a civil offense.  

So an example might be your neighbor deliberately damages your home.  You are allowed to sue them civilly for damages and criminally for vandalism. 

In my case, I am seeking the opinion of a "neutral" party familiar with the courts system to view the videotape and see if it rises to the level of assault as defined in Thailand.  Yes I can go to a private attorney, show them the video but they will be biased in favor of bringing charges to earn a fee even if they know that realistically the Thai courts will not show the action to be assault. 

I have a situation where the entity here has not been legal for many years, never went to the land office, never has provided any income or expense statements, never had votes on the community fees etc. And pressed by us has submitted to the land office documents with false elections, signatures of people not in attendance etc.  The land office said, they had no way of ascertaining who attended etc and suggested taping the meetings to evidence them.  That led to the altercation when they realized that the videotapes would be proof certain of what really was occurring at the meetings and they could no longer fabricate the happenings at the meetings. 

[steven100]

This is Thailand ....  not the US.    You are asking for a Thai lawyer to prosecute a thai person who grabbed you in a meeting.   Lol   

 

good luck with that one ..... 

[Longwood50]

1 hour ago, steven100 said:

This is Thailand ....  not the US.    You are asking for a Thai lawyer to prosecute a thai person who grabbed you in a meeting. 

Which is precisely the reason I would like a "thai" third party prosecutor to look at the video.  If the person said "no way" will this person be convicted then why go through the effort. 

Edited January 17, 2022 by Longwood50

[bbko]

I'm from the US, and in a matter like this "he grabbed me so I want him charged with assault", I doubt you get to speak with a prosecuting attorney before any charges are filed, they are not there to advise you, you either need to hire a lawyer or tell the police you want to press charges, good luck, you'll need it, TiT not the US.

[Longwood50]

3 minutes ago, bbko said:

I doubt you get to speak with a prosecuting attorney before any charges are filed,

The police report has been filed.  Already know that they will not pursue the matter as it is regarded as not worth their time to pursue.  As I have repeatedly said, I can go to an attorney for an opinion but such an opinion will be biased given they will want to file the lawsuit and earn their fees.  I was hopeful that someone knew of a way to contact a prosecuting attorney to view the videotape.  That prosecuting attorney would not be expected to pursue the case, merely advise if the action met the standard under the Thai law as assault.  

 

[petermik]

There`s a saying that goes....peeing into the wind....think about it and stop wasting your time...as many have quoted TIT...

[Longwood50]

16 minutes ago, petermik said:

There`s a saying that goes....peeing into the wind....think about it and stop wasting your time...as many have quoted TIT...

I would give you a penny for your thoughts but seems overpriced. 

[Ralf001]

3 hours ago, Longwood50 said:

In most countries the prosecuting attorney works for the government and brings charges against defendants for breaking the law.  In the USA the prosecuting attorneys will bring charges not only for criminal offenses but also when a party is guilty of violating some government law.  Example would be a person who fails to obtain a building permit, or discharges pollution into a river etc.  

In Thailand the prosecutors office handles criminal offenses.  So if you were charged with homicide, arson, theft etc. the police arrest you and the prosecuting attorney decides if he/she has sufficient cause to charge you with the offense and take you in front of the court to determine your guilt and determine your punishment. 

The prosecuting attorney in Thailand will generally not deal with minor offenses.  However one thing unusual in Thailand is unlike the USA a private citizen can bring a lawsuit charging another with a criminal and/or a civil offense.  

So an example might be your neighbor deliberately damages your home.  You are allowed to sue them civilly for damages and criminally for vandalism. 

In my case, I am seeking the opinion of a "neutral" party familiar with the courts system to view the videotape and see if it rises to the level of assault as defined in Thailand.  Yes I can go to a private attorney, show them the video but they will be biased in favor of bringing charges to earn a fee even if they know that realistically the Thai courts will not show the action to be assault. 

I have a situation where the entity here has not been legal for many years, never went to the land office, never has provided any income or expense statements, never had votes on the community fees etc. And pressed by us has submitted to the land office documents with false elections, signatures of people not in attendance etc.  The land office said, they had no way of ascertaining who attended etc and suggested taping the meetings to evidence them.  That led to the altercation when they realized that the videotapes would be proof certain of what really was occurring at the meetings and they could no longer fabricate the happenings at the meetings. 

I'd avoid dark alleyways if you pursue this.

[treetops]

6 hours ago, Longwood50 said:

He grabbed me twice in an attempt to obtain the cell phone.

Doesn't sound like assault, it sounds like he grabbed you twice.

[StayinThailand2much]

4 hours ago, Longwood50 said:

The prosecuting attorney in Thailand will generally not deal with minor offenses.  However one thing unusual in Thailand is unlike the USA a private citizen can bring a lawsuit charging another with a criminal and/or a civil offense.  

So an example might be your neighbor deliberately damages your home.  You are allowed to sue them civilly for damages and criminally for vandalism. 

If so, I could imagine that you'd have to join a long queue, and that you'd have to be very patient.

[digbeth]

There's a whole building full of prosecutor or what they call themselves attorney general in Pattaya

they do pro bono work and do meet with public to file things like wills and such, so they have an office you can get to

 

Normally the police is the front line that decides if they forward case to the prosecutor to charge for criminal case

 

[steven100]

25 minutes ago, Ralf001 said:

I'd avoid dark alleyways if you pursue this.

exactly .....   TIT ... they will rid you for a few thousand baht.   

[Longwood50]

22 minutes ago, digbeth said:

Normally the police is the front line that decides if they forward case to the prosecutor to charge for criminal case

What I have determined is that the police will pursue only cases they deem severe enough offenses.  So if you beat up someone, rob them, stab them, or shoot them, they will look into the matter.  

I recognize that this action would not rise to interest the police in taking action.  That is not to say that it would not constitute assault.  Those here can conjecture that it is a waste of time, or does not rise to an assault offense but none of us is familiar enough with the Thai legal system to determine that.  

That is why I have asked if someone knows if a person can seek a government prosecuting attorney to merely look at the video and say yes it does, or no it doesn't. 

[Enoon]

1 hour ago, Longwood50 said:

I would give you a penny for your thoughts but seems overpriced. 

While the thread is on that tack:

 

I live in a village in the UK during the Summer.

 

I've never encountered a "Juristic Entity" and don't ever expect to.

 

I live in an Isaan village during the Winter and have never encountered.......etc......

 

Have you actually bought into one of those jam packed, box-housing estates, which is essentially a condominium lying on its side, where you have to constantly get into tiresome meetings with a bunch of near strangers to negotiate your way through your life?

 

From what you say, and what people who have bought into condominiums say about similar situations, it sounds like a complete ******* nightmare way to live.

 

Sorry not to be helpful, but thanks for spurring me to express a thought that has been on my mind for some time.

 

Goodnight and best of luck.

 

Edited January 17, 2022 by Enoon

[jerrymahoney]

The Criminal Procedure Code
TITLE I
GENERAL PROVISIONS

 

Section 3 Persons specified in sections 4, 5 and 6 have the power to act on behalf of the injured person according to the conditions provided in those sections as follows:

To lodge a complaint;
To constitute a criminal prosecution or join with the Public Prosecutor in a criminal prosecution;
To enter a civil claim in connection with an offence;
To withdraw a criminal charge or a civil claim in connection with an offence;
To compound a compoundable offence.

 

Section 4. above: "Injured Person" means a person who has received injury through the commission of any offence

 

https://www.samuiforsale.com/law-texts/thai-criminal-procedure-code.html

[davidst01]

6 hours ago, Longwood50 said:

I have a situation where the entity here has not been legal for many years, never went to the land office, never has provided any income or expense statements, never had votes on the community fees etc. And pressed by us has submitted to the land office documents with false elections, signatures of people not in attendance etc

Op you sound like a fairly intense character. I dont know how long you have lived here but  in case you didnt know one of the rules here is that its best not to intervene in any BS in Thailand. If you annoy an uncivilised thai here anything can happen to you. There are many examples but the one everyone knows about is found by googling the following keywords (WSJ stands for Wall street journal):   'WSJ Australian accountant murdered thailand'

 

Your situation seems petty and in the extreme case anything could happen to you if you decide to prosecute this guy because he man handled you. Maybe nothing would happen but TIT..............

[petermik]

17 hours ago, petermik said:

There`s a saying that goes....peeing into the wind....think about it and stop wasting your time...as many have quoted TIT...

 

17 hours ago, Longwood50 said:

I would give you a penny for your thoughts but seems overpriced. 

 

17 hours ago, Ralf001 said:

I'd avoid dark alleyways if you pursue this.

 

16 hours ago, treetops said:

Doesn't sound like assault, it sounds like he grabbed you twice.

Longwood has a very high opinion of himself and is above accepting any constructive advice....I have contacted Vera in the UK as a top femail detective she is ready and willing to take on this monumental case for the OP......????

[Longwood50]

3 minutes ago, petermik said:

Longwood has a very high opinion of himself and is above accepting any constructive advice....I have contacted

Did I ask for advise, or did I ask if anyone knew of how to contact the prosecuting attorney.  You are the one with a high opinion of himself.  You see this may surprise you but I have a great deal more confidence in following the advise of the Thai Prosecuting attorney who views the video and is familiar with the law than you. 

[tgw]

7 minutes ago, Longwood50 said:

Did I ask for advise, or did I ask if anyone knew of how to contact the prosecuting attorney.  You are the one with a high opinion of himself.  You see this may surprise you but I have a great deal more confidence in following the advise of the Thai Prosecuting attorney who views the video and is familiar with the law than you. 

the prosecutor's office is located here:

https://goo.gl/maps/SMewUZ7BdoWQ45aL8

 

one possible strategy is to drop by and ask.

 

regarding your matter, you say you recorded three meetings.

do these 3 recordings provide solid proof of criminal fraud with damage to any party?

 

because if all they did was to "make up" some statements and file them without monetary or other damages to owners / tenants / tax office, it would be "irregular procedure" but since there are no damages, I wouldn't expect anyone prosecuting this.

 

the same goes for your "assault", which is covered by the following article of Thai criminal code:

Quote

Section 391 Whoever,  commits an act  of  violence not  amounting  to bodily or  mental harm  to the other person,  shall  be  punished  with  imprisonment  not  exceeding  one  month  or  fined  not exceeding one thousand Baht, or both.

so the perp is looking at a 1000 baht fine.

I don't see a prosecutor, who are busy persons, go after someone for that, unless for other reasons.

[Inala]

19 hours ago, Longwood50 said:

I would give you a penny for your thoughts but seems overpriced. 

You seem unnecessarily defensive in your responses to people who are giving you light-hearted, but very well founded advice. I think this defensiveness is further illustrated in why you want to launch an assault case against a Thai for what was essentially a minor dust up.....he "grabbed" you for god's sake. And you were a farang filming the meetings, that would probably <deleted> most people off anyway! Did you ask permission to film during the meetings?

You seem to have a chip on your shoulder. To live in Thailand you need to be thick skinned, roll with the punches, keep your nose clean and maintain a low profile. If ever there was a place that embodies the old saying "discretion is the better part of valour", Thailand is it. Mate, just walk away from it and perhaps focus on the problem in your village with the Juristic Entity, that's why you were there at the meeting in the first place right? 

[allanos]

Calling the OP "intense" is a very tactful understatement, in my view.

 

Whilst his attending the village Juristic meetings is valid enough, he is now off on his own crusade following an extremely minor altercation with an excitable Thai.

 

It seems to be more a case of wounded pride, or, in a Thailand context, "loss of face". Perhaps he has been in the country too long.

 

As a suggestion, find the perp, take him for a beer or three, calm the situation down and explain why the need for the video recording, etc. Then shake hands (or wai)!

 

This eminently reasonable suggestion may fall on stony ground as the OP has an axe to grind and is busy searching for a grinding wheel.

[The Hammer2021]

On 1/17/2022 at 12:53 PM, Longwood50 said:

Did anyone request commentary? 

It's a public forum pal..You get a commentary whether you like it or not..lol

[scorecard]

On 1/17/2022 at 12:53 PM, Longwood50 said:

Did anyone request commentary? 

Perhaps if you share the specific e reason why you want to videotpe the committee meetings you might get better responses.