Anyone familiar with Thai law?

[Smokemachine]

I have heard the real mafia in LOS is the BIB. But in the actual law,can we actually defend ourselves incase something goes wrong? Like example, are they allow to trespass people house without a house search warrant, arrest warrant or with higher authority given?? What is the correct sop for them?? At any point of time, what can we do to counter them?? Or we really can do nothing and just up to them??? Can they have physical contact with us??i mean we are not doing any crime and they try to be funny with us because they have the badges and they know people are scared of them. BiB=mafia .and they have physical contacts with us. What can we do to defend ourselves?? Any good advices to share

[CharlieH]

Have a healthy bank balance is about all the security you can hope for. The law is only applicable to those who choose to enforce it, to what degree and dependant entirely on who,s involved and location.

Connections and who you know not what you know. If you speak fluent Thai it might help but as a farang, unless you know the right people yiu are totally at the mercy of the enforcer.

There have been and will be isolated cases of positive results but they will be the exception not the general rule.

IMHO.

Edited October 7, 2013 by CharlieH

[Soutpeel]

"Retain" yourself the services of a "good" local Thai lawyer, get their business card and all their contact details and keep them in your phone, if in a "position" with authority, be polite to them and ask them to wait a moment while you call your lawyer, if they are up to anything dodgy they may back off, same thing will happen if you have contacts for a senior BiB or other "poo yai" in the area...

[soi41]

Kelvin. If the local BIB want to be "physical" with you just for fun, maybe you should stop using Coco Chanel ?

[Smokemachine]

"Retain" yourself the services of a "good" local Thai lawyer, get their business card and all their contact details and keep them in your phone, if in a "position" with authority, be polite to them and ask them to wait a moment while you call your lawyer, if they are up to anything dodgy they may back off, same thing will happen if you have contacts for a senior BiB or other "poo yai" in the area...

I guess I need to put some contacts in my phone

[samran]

If all that fails, plenty of ex SAS and Special forces down Nana way who can help you out.

[Smokemachine]

Kelvin. If the local BIB want to be "physical" with you just for fun, maybe you should stop using Coco Chanel ?

It's a cold joke

[stickylies]

i just love the paranoia on TV. at OP: if this is your "minset" while living here it might be better to move, no? i've been here for quite a few years and have never had any unpleasant encounters with bib. not once. no tea-money, no fine, nothing of all that. been taken out for dinner twice by this copper neighbour (thx!) and afterwards offered XXX dvd's as desert (no thx!)...

[canman]

Thai law is very simple it basicly follows the golden rule. He with the most gold gets to make the rules; simple.

[Smokemachine]

i just love the paranoia on TV. at OP: if this is your "minset" while living here it might be better to move, no? i've been here for quite a few years and have never had any unpleasant encounters with bib. not once. no tea-money, no fine, nothing of all that. been taken out for dinner twice by this copper neighbour (thx!) and afterwards offered XXX dvd's as desert (no thx!)...

Good for you. Probably you have not encounter yet.

[samran]

i just love the paranoia on TV. at OP: if this is your "minset" while living here it might be better to move, no? i've been here for quite a few years and have never had any unpleasant encounters with bib. not once. no tea-money, no fine, nothing of all that. been taken out for dinner twice by this copper neighbour (thx!) and afterwards offered XXX dvd's as desert (no thx!)...

Good for you. Probably you have not encounter yet.

Neither have I in 15 years.

You should move to North Korea. They are all paranoid there. You'll make a good migrant.

[farang000999]

They are a real pain in the ass if you live in the Thong Lo jurisdiction. Apparently under Thai law anyone can be searched without suspicion.

[besth]

They have guns, you may have balls to confront them. Unless the balls are gold covered, be prepared to have them handed to you in a jar. Do not get into trouble and they will not come after you

[saakura]

Lived in Thonglor for 10yrs without having had any interaction or harassment from any police. Maybe because i didnt go out to any night clubs or pubs?

[DocN]

Anyone familiar with Thai law?

...not even the Thais, man!

[farang000999]

Lived in Thonglor for 10yrs without having had any interaction or harassment from any police. Maybe because i didnt go out to any night clubs or pubs?

When did you leave? you can do a search, it has been brought up many times on TV. They are pestering farang in daytime hours as well. It is usually two coppers on a motorcycle stopping farang on the street.

[Soutpeel]

Lived in Thonglor for 10yrs without having had any interaction or harassment from any police. Maybe because i didnt go out to any night clubs or pubs?

or maybe because you havent been out your condo in 10 years ?...

[NewlyMintedThai]

I've lived in Thonglor District for nearly 20 years, and not a single interaction (besides reporting lost documents, getting my alien certificate stamped, etc).

Since 1997, police have needed court issued search warrants to enter and search private property.

I believe that that this does not extend to your person, or to your vehicle, or if there is a crime happening within view.

If you keep your nose clean, I don't think there is much to worry about from the cops.

[farang000999]

I've lived in Thonglor District for nearly 20 years, and not a single interaction (besides reporting lost documents, getting my alien certificate stamped, etc).

Since 1997, police have needed court issued search warrants to enter and search private property.

Better late than never I suppose.

[NewlyMintedThai]

Actually, they've always needed a warrant. Before 1997, though, they could be issued by a superintendent-level officer. Since then, they must be issued by a judge.

[HeijoshinCool]

If all that fails, plenty of ex SAS and Special forces down Nana way who can help you out.

Also for a price.

[samran]

I guess I need to put some contacts in my phone

If you pull out these said contacts with your best Sean Connery James Bondesq accent, they are going to run a mile

[Tatsujin]

What can we do to defend ourselves??

Don't come to Thailand if it concerns you.

[BlackJack]

U just play the game

They need to arrest u

Then u are bailed

Then court

But u dont let it get this far

My GF does law and if the police try it then politely ask to call ur lawyer

The tone changes very quickly

However there are many farang that think they know their rights but it doesnt work here. It works against u if u stand ur ground as the BIB are losing face. Not a good idea to mouth off when ur drunk either.

Have ur lawyers card or phone number handy.

[NewlyMintedThai]

...or don't do anything illegal, perhaps?

[marell]

If all that fails, plenty of ex SAS and Special forces down Nana way who can help you out.

Also for a price.

Nah, you just have to listen to fantastic yet boring stories that change with every re-telling.

[indyuk]

"Retain" yourself the services of a "good" local Thai lawyer, get their business card and all their contact details and keep them in your phone, if in a "position" with authority, be polite to them and ask them to wait a moment while you call your lawyer, if they are up to anything dodgy they may back off, same thing will happen if you have contacts for a senior BiB or other "poo yai" in the area...

This is good advice from Southpeel. Every falang that lives in Thailand must retain a good THAI lawyer. A Thai Lawyer will not usually charge any fee other than genuine diary bookings with him at his office or at your home. Don't worry a good Thai Lawyers are usually cordial and reliable.

No the police cannot enter your house without a warrant even if they suspect you of committing a crime. Stand in your gateway in a pose that suggests you will not move aside. Thai police will not push past you. If they have come specifically to your house there will probably be a senior officer with them, he will not speak to you. If you have not committed a crime call your Lawyer/attorney and ask him to speak with the police officer then pass the phone directly to the police officer. Your Lawyer will tell them to leave and they will. SURE! Do not offer money the police because it gives them the option to arrest you for corruption. IMO

Edited October 8, 2013 by indyuk

[guzzi850m2]

i just love the paranoia on TV. at OP: if this is your "minset" while living here it might be better to move, no? i've been here for quite a few years and have never had any unpleasant encounters with bib. not once. no tea-money, no fine, nothing of all that. been taken out for dinner twice by this copper neighbour (thx!) and afterwards offered XXX dvd's as desert (no thx!)...

+1

I been here for +10 years and also didn't have any problems, paid 200 baht now and again for speeding in my car and I was speeding, so cheap compared to EU.

A friend of mine living way out in the sticks North East have a real nasty cop in the area, he once came to his house and demaned a drug test for him and his wife. Drug test came out negative and he haven't bothered him since. Needless to say the cop was not invited inside the house and he didn't ask.

9 out of 10 cops are nice in my experience and if you don't shout at them and keep calm you will be ok.

[Saradoc1972]

They might need a search warrant in theory, in praxis they can search a home without if they can make a case they caught anyone red handed and there was no time to get that warrant.

Any cop in the world will be able to make up such a case in a pinch, especially if they find something afterwards. Within Anglo-Saxon law there may be a "fruit of the poisonous tree doctrine" to exclude any evidence they then may find in court, but good luck with that in Thailand.

Anyhow, that precious search warrant is easy to come by, as a judge will solely rely on what the police tell him. Not just in Thailand. You certainly don't get asked in the process

And you never get physical with the police, in Thailand or anywhere else. They are stronger and have more guys on their team, it's called "monopoly on violence". Don't need to know if there even is a rule such as self-defense against the police under Thai law, you just don't try. Even if they are acting ultra vires they are most likely covered by a prerogative of assessment, which you may then challenge in court. Thailand may not be the best country for this, most local keep a low profile round their esteemed police-force.

And while there may still be some little tiny margin when you are actually entitled to take a stand, the risk is totally on your side and it's huge. There was a German court case where two cops got prosecuted and convicted for assault during a demonstration, but only because a third person filmed it on his mobile. The states attorney was ostensibly mum on press questions whether the victim would have been legally entitled to retaliate. Answer would have been yes, but this was moot for practical reasons.

[Saradoc1972]

"Retain" yourself the services of a "good" local Thai lawyer, get their business card and all their contact details and keep them in your phone, if in a "position" with authority, be polite to them and ask them to wait a moment while you call your lawyer, if they are up to anything dodgy they may back off, same thing will happen if you have contacts for a senior BiB or other "poo yai" in the area...

This is good advice from Southpeel. Every falang that lives in Thailand must retain a good THAI lawyer. A Thai Lawyer will not usually charge any fee other than genuine diary bookings with him at his office or at your home. Don't worry a good Thai Lawyers are usually cordial and reliable.

No the police cannot enter your house without a warrant even if they suspect you of committing a crime. Stand in your gateway in a pose that suggests you will not move aside. Thai police will not push past you. If they have come specifically to your house there will probably be a senior officer with them, he will not speak to you. If you have not committed a crime call your Lawyer/attorney and ask him to speak with the police officer then pass the phone directly to the police officer. Your Lawyer will tell them to leave and they will. SURE! Do not offer money the police because it gives them the option to arrest you for corruption. IMO

IMHO that would be nothing short of amazing, are you speaking from experience?

But besides, any suggestion how to make contact with a Thai lawyer unless you have had a prior case to give him? It's not like you walk into an office saying "Can I have your business-card to call you in the middle of the night if there is a problem?" and that free of charge, on top.