Bail For Trespass

[dominator]

Senario......

Because the ex has not been into the house for many weeks (house is in her name, with your money, and is undergoing court proceedings) you ask the police for a report to allow you to go and live in the house and take care of it. As you can imagine it is looking derelict, and could be subject to buglary. The police give you a report allowing this.

Later the ex comes back (obviously having been informed via jungle telegraph) while you were not there.

She then goes to the police and makes a report that she had left gold in the house.

You do not go back to the house, on advice from your lawyer. Sometime later you get a summons to go to the police station with your lawyer. You are informed that you are being prosecuted for traspass, and that the 'gold' is missing from the house.

Sometime later you are informed that the criminal charges will be dropped if you give up the claim to a plot of land.. If you don't agree, the police will retain your passport and demand a bail of 1 million baht!! (is 1 million baht for trespass a little high?)

The the case will go to court. Even if you are found not guilty, she is entitled to bring a private prosecution against you.

Question is would you submit to this type of Bl######l. If you agree to it, it would be written in front of a judge. Surly reading the paper, the judge would see that this was Bl######l, but I am told that Bl######l is not an offence n Thailand!!!!. OK so you sign it, do you think it is possible to retract it afterwards, claiming the signing was made under duress?

Edited November 22, 2008 by dominator

[torrenova]

Don't sign anything. You'll need a better lawyer, one that is not in cahoots with the other party. Bail for Bt1,000,000 on trespass and a fictitious gold theft charge. Utter nonsense.

If the statement above is correct, then it is all about the land and everyone thus far involved has been promised a cut.

[joskydive]

Senario......

Because the ex has not been into the house for many weeks (house is in her name, with your money, and is undergoing court proceedings) you ask the police for a report to allow you to go and live in the house and take care of it. As you can imagine it is looking derelict, and could be subject to buglary. The police give you a report allowing this.Later the ex comes back (obviously having been informed via jungle telegraph) while you were not there.

She then goes to the police and makes a report that she had left gold in the house.

You do not go back to the house, on advice from your lawyer. Sometime later you get a summons to go to the police station with your lawyer. You are informed that you are being prosecuted for traspass, and that the 'gold' is missing from the house.

Sometime later you are informed that the criminal charges will be dropped if you give up the claim to a plot of land.. If you don't agree, the police will retain your passport and demand a bail of 1 million baht!! (is 1 million baht for trespass a little high?)

The the case will go to court. Even if you are found not guilty, she is entitled to bring a private prosecution against you.

Question is would you submit to this type of Bl######l. If you agree to it, it would be written in front of a judge. Surly reading the paper, the judge would see that this was Bl######l, but I am told that Bl######l is not an offence n Thailand!!!!. OK so you sign it, do you think it is possible to retract it afterwards, claiming the signing was made under duress?

If the Police have allowed and given you permission to go back and stay at the house, how can you now be sued for trespass?

The gold is your word againt hers. Are there photo's or any evidence that she had gold in the house at the time and were you ever caught in possession of this gold at any time? We can all shout someone is a thief but unless there is proof, I'm not sure a lot can be done, apart from you sueing her back for Defamation!

The Criminal Code - Chapter 3. Offence of Defamation

Section 326. Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand baht, or both.

1 million baht does seem rather excessive even for a foreigner and yes, anyone can take a private prosecution against another person, it does not mean that they will win, unless they have proof of what you are supposed to have done.

No, I would not submit to Bl***** and also, if you are signing it in front of a Judge, that is further proof that you did so voluntarily, therefore, no retraction.

Blackmail is an offence in Thailand!!!!!

The Criminal Code - Chapter 2. Offence of Extortion, Blackmail, Robbery and Gang-Robbery

Section 337. Whoever, compels a person to give or to agree to give him or the other person a benefit in the nature of being a property by committing an act of violence or by a threat to commit violence against the life, body, liberty, reputation or property of the compelled person or a third person, so that the compelled person submits to the same is said to commit extortion, and shall be punished with imprisonment not exceeding five year and fined not exceeding ten thousand baht.

Section 338. Whoever, compelling the other person to give or to agree to give oneself or the other person the benefit in the nature to be the property by threatening to disclose the secret, to cause injury to the compelled person or the third person, up to the compelled person submit to the same, such person to be said to commit blackmail, and shall be imprisoned as from one year to ten years and fined as from two thousand baht to twenty thousand baht.

May I suggest you get yourself another Lawyer. Maybe, one from out of town!

As the previous poster stated - this is all about the land.

Edited November 22, 2008 by joskydive

[dominator]

Senario......

Because the ex has not been into the house for many weeks (house is in her name, with your money, and is undergoing court proceedings) you ask the police for a report to allow you to go and live in the house and take care of it. As you can imagine it is looking derelict, and could be subject to buglary. The police give you a report allowing this.Later the ex comes back (obviously having been informed via jungle telegraph) while you were not there.

She then goes to the police and makes a report that she had left gold in the house.

You do not go back to the house, on advice from your lawyer. Sometime later you get a summons to go to the police station with your lawyer. You are informed that you are being prosecuted for traspass, and that the 'gold' is missing from the house.

Sometime later you are informed that the criminal charges will be dropped if you give up the claim to a plot of land.. If you don't agree, the police will retain your passport and demand a bail of 1 million baht!! (is 1 million baht for trespass a little high?)

The the case will go to court. Even if you are found not guilty, she is entitled to bring a private prosecution against you.

Question is would you submit to this type of Bl######l. If you agree to it, it would be written in front of a judge. Surly reading the paper, the judge would see that this was Bl######l, but I am told that Bl######l is not an offence n Thailand!!!!. OK so you sign it, do you think it is possible to retract it afterwards, claiming the signing was made under duress?

If the Police have allowed and given you permission to go back and stay at the house, how can you now be sued for trespass?

The gold is your word againt hers. Are there photo's or any evidence that she had gold in the house at the time and were you ever caught in possession of this gold at any time? We can all shout someone is a thief but unless there is proof, I'm not sure a lot can be done, apart from you sueing her back for Defamation!

The Criminal Code - Chapter 3. Offence of Defamation

Section 326. Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand baht, or both.

1 million baht does seem rather excessive even for a foreigner and yes, anyone can take a private prosecution against another person, it does not mean that they will win, unless they have proof of what you are supposed to have done.

No, I would not submit to Bl***** and also, if you are signing it in front of a Judge, that is further proof that you did so voluntarily, therefore, no retraction.

Blackmail is an offence in Thailand!!!!!

The Criminal Code - Chapter 2. Offence of Extortion, Blackmail, Robbery and Gang-Robbery

Section 337. Whoever, compels a person to give or to agree to give him or the other person a benefit in the nature of being a property by committing an act of violence or by a threat to commit violence against the life, body, liberty, reputation or property of the compelled person or a third person, so that the compelled person submits to the same is said to commit extortion, and shall be punished with imprisonment not exceeding five year and fined not exceeding ten thousand baht.

Section 338. Whoever, compelling the other person to give or to agree to give oneself or the other person the benefit in the nature to be the property by threatening to disclose the secret, to cause injury to the compelled person or the third person, up to the compelled person submit to the same, such person to be said to commit blackmail, and shall be imprisoned as from one year to ten years and fined as from two thousand baht to twenty thousand baht.

May I suggest you get yourself another Lawyer. Maybe, one from out of town!

As the previous poster stated - this is all about the land.

Hi Joskydive.

Many thanks for this invaluable information.

I assume from your quotes that there is a book called 'The Criminal Code'

Do you know where I can buy one?

Many thanks again.

[joskydive]

Senario......

Because the ex has not been into the house for many weeks (house is in her name, with your money, and is undergoing court proceedings) you ask the police for a report to allow you to go and live in the house and take care of it. As you can imagine it is looking derelict, and could be subject to buglary. The police give you a report allowing this.Later the ex comes back (obviously having been informed via jungle telegraph) while you were not there.

She then goes to the police and makes a report that she had left gold in the house.

You do not go back to the house, on advice from your lawyer. Sometime later you get a summons to go to the police station with your lawyer. You are informed that you are being prosecuted for traspass, and that the 'gold' is missing from the house.

Sometime later you are informed that the criminal charges will be dropped if you give up the claim to a plot of land.. If you don't agree, the police will retain your passport and demand a bail of 1 million baht!! (is 1 million baht for trespass a little high?)

The the case will go to court. Even if you are found not guilty, she is entitled to bring a private prosecution against you.

Question is would you submit to this type of Bl######l. If you agree to it, it would be written in front of a judge. Surly reading the paper, the judge would see that this was Bl######l, but I am told that Bl######l is not an offence n Thailand!!!!. OK so you sign it, do you think it is possible to retract it afterwards, claiming the signing was made under duress?

If the Police have allowed and given you permission to go back and stay at the house, how can you now be sued for trespass?

The gold is your word againt hers. Are there photo's or any evidence that she had gold in the house at the time and were you ever caught in possession of this gold at any time? We can all shout someone is a thief but unless there is proof, I'm not sure a lot can be done, apart from you sueing her back for Defamation!

The Criminal Code - Chapter 3. Offence of Defamation

Section 326. Whoever, imputes anything to the other person before a third person in a manner likely to impair the reputation of such other person or to expose such other person to be hated or scorned is said to commit defamation, and shall be punished with imprisonment not exceeding one year or fined not exceeding twenty thousand baht, or both.

1 million baht does seem rather excessive even for a foreigner and yes, anyone can take a private prosecution against another person, it does not mean that they will win, unless they have proof of what you are supposed to have done.

No, I would not submit to Bl***** and also, if you are signing it in front of a Judge, that is further proof that you did so voluntarily, therefore, no retraction.

Blackmail is an offence in Thailand!!!!!

The Criminal Code - Chapter 2. Offence of Extortion, Blackmail, Robbery and Gang-Robbery

Section 337. Whoever, compels a person to give or to agree to give him or the other person a benefit in the nature of being a property by committing an act of violence or by a threat to commit violence against the life, body, liberty, reputation or property of the compelled person or a third person, so that the compelled person submits to the same is said to commit extortion, and shall be punished with imprisonment not exceeding five year and fined not exceeding ten thousand baht.

Section 338. Whoever, compelling the other person to give or to agree to give oneself or the other person the benefit in the nature to be the property by threatening to disclose the secret, to cause injury to the compelled person or the third person, up to the compelled person submit to the same, such person to be said to commit blackmail, and shall be imprisoned as from one year to ten years and fined as from two thousand baht to twenty thousand baht.

May I suggest you get yourself another Lawyer. Maybe, one from out of town!

As the previous poster stated - this is all about the land.

Hi Joskydive.

Many thanks for this invaluable information.

I assume from your quotes that there is a book called 'The Criminal Code'

Do you know where I can buy one?

Many thanks again.

Unfortunately, I don't know where you buy the books because my partner (Thai Lawyer) gets them for me. I studied Law in England and now that I live here my partner gets them because of my interest. I have, on occasion, found them in the Book Stores in Tuk Com, Carre Fore and upstairs in Tesco Lotus, South Pattaya but not too often.

[tellwell]

Bail for trespassing is 30,000 Baht. I know because that's what I had to pay.

[Maizefarmer]

Sack your lawyer - this one's an old "manipulation", variations of which have been played out so many times between Thai's.

Another variation: you come across what appears to be a car accident on a rural road, and as the good hearted ex-pat you are you help the driver (who's in apparent pain). Rural cops turn up a little later, thank you profusely for your help, ask to see some id in the process and a few polite questions (like where are you staying) - few days later theres a knock on the door: the person you helped in the car is complaining that you have stolen his 3 Baht gold necklace (... and his wallet, and his gold rings ect etc....). Its happened so many times....... and defense lawyers have become pretty deft at dealing with such allegations.

Baht 1mill bail! - Bah humbug, replace your lawyer, he/she is not worth anything.