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Thai Cabinet Okays Bail Funds For Jailed Red Shirts


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Cabinet okays bail funds for jailed red shirts

The Nation

File photo : Anant Chantarasoot

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The Cabinet yesterday approved Bt46 million to bail out 57 red-shirt activists and supporters remanded in connection with the 2010 political unrest and riots.

Pitthaya Jinawat, director general of the Rights and Liberties Protection Department, said his agency had proposed the budget request because its "Justice Fund" had only Bt36 million left.

The fund is used to provide financial aid to poor people facing legal problems.

The 57 suspects were among 61 common members of the red-shirt movement and ordinary protesters detained at eight prisons - mostly in the Northeast - on charges ranging from violating the emergency decree to rioting, committing arson and pursuing terrorism.

The other four had been acquitted.

Of the 57 still held in prison, 21 are in Bangkok, 13 in Mukdahan, nine in Maha Sarakham, five in Chiang Mai, four in Ubon Ratchathani, two each in Nonthaburi and Udon Thani and one in Nakhon Ratchasima.

The Justice Fund was normally used in cases where poor people being sued could hire attorneys, post bail and pay court fees, he added.

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-- The Nation 2012-01-11

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So let me understand this. If the alleged bad guys don't show up for their trials, they forfeit the bail that was paid by the Gov't. That means the Thai Gov't won't get the bail money back from ... THEMSELVES. Hmm, I wonder how many reds will show up for trials?

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I thought they idea of bail was as an incentive for those charged to turn up at court at the right time.

What incentive do these people have to turn up if other peoples money is being used for bail?

The idea of bail is that the person who puts up the money is the one who is responsible for the accused to show up. This can be the accused or someone else. If the accused doesn't show up, the person who puts up the bail forfeits the money for failure to meet thier responsibility.

So it would be more of an incentive if those charged were putting up the money themselves (which they can't because thye presumably don't have it), but nevertheless it is the government's responsibility to get them to show up, and I presume they have more resources than the average Joe to ensure that this happens.

I think the real problem this case is highlighting is the ridiculous and needless length of time most people have to spend on remand (not talking just red shirts here), often far exceeding customdial sentances. Still, I guess it's just another 'third world' thing - not enough resources, efficiency etc

Edited by hanuman1
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Please tell me how to become a red shirt?

I also want to be immune from the law.

I also want 800,000 bts for my retirement visa

I also want 65,000bts a month pension.

I could also do with new pick up, not fussy which model, well beggars cant be choosers! Or can they?

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Surely this is illegal

That has surely got to be a joke.... is it April the 1st already..?

Totally unbelievable. crazy.gif

This is surely a joke. It has to be.

I can think of no other country that replicates this practice.

.

Edited by Buchholz
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I can think of no other country that replicates this practice.

Really? Try the USA, State of New Jersey. There is no need of a fund as all an accused need do is enter into an agreement to pay the 10% participation of a surety over a period of time. in the event that there is non payment, the bail is not necessarily revoked. In other states, the bond company suffers no loss in the event that a defendant fails to appear. Dog The Bounty Hunter can't get work in many US states. Instead of the government fund providing the capital, it is a private entrepreneur. In Canada, in many cases, all that is needed is a person to guarantee or act as surety without there necessarily beng a payment.

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I can think of no other country that replicates this practice.

Really? Try the USA, State of New Jersey. There is no need of a fund as all an accused need do is enter into an agreement to pay the 10% participation of a surety over a period of time. in the event that there is non payment, the bail is not necessarily revoked. In other states, the bond company suffers no loss in the event that a defendant fails to appear. Dog The Bounty Hunter can't get work in many US states. Instead of the government fund providing the capital, it is a private entrepreneur. In Canada, in many cases, all that is needed is a person to guarantee or act as surety without there necessarily beng a payment.

Random post generator?

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Sad pathetic and immoral.

Not really. It is allowed under the law and quite legal. The Thai law takes into consideration that many poor people do not have the means to post bail. these people have been in captivity for quite some time haven't they? They are being held without due process, i.e. no trial. That's the immoral and pathetic part. An accused should be given due process in a timely manner. The Thai system is meant to compensate for the long periods before a trial occurs, where an accused might otherwise remain in prison for a year or more before the trial.

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I can think of no other country that replicates this practice.

Really? Try the USA, State of New Jersey. There is no need of a fund as all an accused need do is enter into an agreement to pay the 10% participation of a surety over a period of time. in the event that there is non payment, the bail is not necessarily revoked. In other states, the bond company suffers no loss in the event that a defendant fails to appear. Dog The Bounty Hunter can't get work in many US states. Instead of the government fund providing the capital, it is a private entrepreneur. In Canada, in many cases, all that is needed is a person to guarantee or act as surety without there necessarily beng a payment.

Random post generator?

If you disagree, state the reason why. You cannot come up with an intelligent response so you offer a childish comment. Good job.

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It is unfortunate that no one has taken the time to understand the concept of legal aid in Thailand and this particular fund. In western countries, legal aid is provided to those that do not have the means to pay for a legal defense. It does not matter the crime, whether it is child abuse, mass murder, or violent assault, the deciding factor is need. The Thai system also includes a provision for assisting with bail. The accused granted the bail are still liable for the debt obligation. the reason why the Thai system includes a provision for bail assistance is due to the fact that bail requirements are relatively much greater in thailand than in many western countries. If one looks at the G-8/G-20 protestors that were arrested subsequent to major acts of vandalism, mayhem and violence, a large number were released on recognizance or very minimal bail requirements. No one was held without trial for a lengthy period as is the case with these Thai defendants.

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I thought they idea of bail was as an incentive for those charged to turn up at court at the right time.

What incentive do these people have to turn up if other peoples money is being used for bail?

Amazing Thailand :-)

Amazing indeed.

They've been in jail for nearly 2 years without trial and no means to post bail themselves.

Ah <deleted>, just lock 'em up and throw away the key - that's what we farang do in our countries... right?

from discover Thailand article : this fund is for everyone, lest some gov't haters claim it is only for red shirts.

The fund was set up in August 2006 to help people with financial problems fight their cases in court. Aid provided includes payment of court fees, a free lawyer to represent them in their case, a surety for temporary release and expenses for forensic science work that may be needed to help them in their case.

...

''The money is not a grant,'' ... those who won their cases had to be responsible for ensuring whoever they defeated in the court battle reimbursed the fund.

And the article says that the fund is also for foreigners.

http://www.discoverthailand.asia/forum/printthread.php?tid=2466

At least in the USA, if not in your countries, people have the right to legal defense as well as a speedy trial.

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I can think of no other country that replicates this practice.

Really? Try the USA, State of New Jersey. There is no need of a fund as all an accused need do is enter into an agreement to pay the 10% participation of a surety over a period of time. in the event that there is non payment, the bail is not necessarily revoked. In other states, the bond company suffers no loss in the event that a defendant fails to appear. Dog The Bounty Hunter can't get work in many US states. Instead of the government fund providing the capital, it is a private entrepreneur. In Canada, in many cases, all that is needed is a person to guarantee or act as surety without there necessarily beng a payment.

Random post generator?

If you disagree, state the reason why. You cannot come up with an intelligent response so you offer a childish comment. Good job.

Because your post doesn't have anything at all to do with the thread. You just through some shit and hoped some of it would stick.

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I thought they idea of bail was as an incentive for those charged to turn up at court at the right time.

What incentive do these people have to turn up if other peoples money is being used for bail?

Amazing Thailand :-)

Amazing indeed.

They've been in jail for nearly 2 years without trial and no means to post bail themselves.

Ah <deleted>, just lock 'em up and throw away the key - that's what we farang do in our countries... right?

from discover Thailand article : this fund is for everyone, lest some gov't haters claim it is only for red shirts.

The fund was set up in August 2006 to help people with financial problems fight their cases in court. Aid provided includes payment of court fees, a free lawyer to represent them in their case, a surety for temporary release and expenses for forensic science work that may be needed to help them in their case.

...

''The money is not a grant,'' ... those who won their cases had to be responsible for ensuring whoever they defeated in the court battle reimbursed the fund.

And the article says that the fund is also for foreigners.

http://www.discovert...ad.php?tid=2466

At least in the USA, if not in your countries, people have the right to legal defense as well as a speedy trial.

Please explain to me how that equates to the govt. posting bond for the defendant?

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I can think of no other country that replicates this practice.

Really? Try the USA, State of New Jersey. There is no need of a fund as all an accused need do is enter into an agreement to pay the 10% participation of a surety over a period of time. in the event that there is non payment, the bail is not necessarily revoked. In other states, the bond company suffers no loss in the event that a defendant fails to appear. Dog The Bounty Hunter can't get work in many US states. Instead of the government fund providing the capital, it is a private entrepreneur. In Canada, in many cases, all that is needed is a person to guarantee or act as surety without there necessarily beng a payment.

Out of that jumble, are there countries where specifically the government is both the prosecutor and bail bondsman for the charges that government is prosecuting?

.

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Because your post doesn't have anything at all to do with the thread. You just through some shit and hoped some of it would stick.

Your friend John made the statement, I can think of no other country that replicates this practice.

I responded by providing an illustration of what some consider to be an equally ridiculous practice. There are legitimate reasons for the fund and for bail.The people granted the bail received it in accordance with the fund rules and regulations.

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Amazing indeed.

They've been in jail for nearly 2 years without trial and no means to post bail themselves.

With regards being in jail for two years without trial, that is obviously a problem that needs to be dealt with. I don't think however that having the tax-payer pay for bail is the solution. Also, why should either red or yellow shirts be singled out for special help? Why are they better or more deserving than all the others jailed and awaiting trial that exist in the system?

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