ubonjoe Posted November 24, 2013 Share Posted November 24, 2013 How about a lese majeste conviction for a SMS sent. Link to comment Share on other sites More sharing options...
MoonShadow Posted November 24, 2013 Share Posted November 24, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. You are wrong.....its happened here several times. Happy to accept, please show cases where people were sued for defamation which took place via private email Happy to, but only after those involved agree to releasing the information. I also suffered as a result of a personal e-mail to someone outside of Thailand, being copied and faxed to the individual concerned who sued me for defamation....money talks here...... Link to comment Share on other sites More sharing options...
MrBanks Posted November 24, 2013 Share Posted November 24, 2013 (edited) In my opinion, you must never plead guilty to something that you did not do. It is sod's law that it will come back to haunt you at a later date and no matter what you say nobody will believe you that you only pled guilty to make an awkward situation go away. By pleading guilty when innocent, you are taking, what seems at the moment to be the easy path. The easy path is never the right way, it will hurt you more in the end. There is also the principle involved and be aware if you let this man bully you once he will bully you for life. Edited November 24, 2013 by MrBanks Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 How about a lese majeste conviction for a SMS sent. I think lese majeste is in a league of its own as one is not even suppose to have the thoughts, let alone share it with anyone else Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 (edited) Happy to, but only after those involved agree to releasing the information. I also suffered as a result of a personal e-mail to someone outside of Thailand, being copied and faxed to the individual concerned who sued me for defamation....money talks here...... Yes, but you see, its not the same, as you said, you sent email to someone about someone else. Example, if i sent you an email calling you every name under the sun, how could you possibly claim defamation if this email wassent only to you? However if i sent email to Joe Smith, calling you everything under the sun, then you could sue me, because i made my comments about you to someone else, a 3rd party Edited November 24, 2013 by lemoncake Link to comment Share on other sites More sharing options...
Nemesis7 Posted November 24, 2013 Share Posted November 24, 2013 My humble advice is if you can get your life back without any further tension,just get it over by paying 10000 baht and move on, in Thailand it's not worth to stand up and ask for justice all the time. Link to comment Share on other sites More sharing options...
Minnehaha Posted November 24, 2013 Share Posted November 24, 2013 The critical distinction is: are these criminal charges or civil charges? We sold a business for X million Baht, accepted post dated checks over 12 months. After 3 they started to bounce. Our lawyer told us we had a choice: file criminal charges and it would be swiftly handled and we could get the money promised, minus % for legal fees. Or file civil and it would take long time, maybe year or more but we could file for damages plus interest etc., minus legal fees based on % of settlement. We filed criminal. Within weeks there was a big notice slapped on his front door of his office announcing everything. In court the judge laughed when his lawyer said that despite signing the contracts etc., he did in fact cancel the checks. End of conversation, says judge. Pay them. We allowed a slight negotiation down for various reasons. Writing bad checks - bouncing checks is normally a criminal offence in Thailand. We were never interviewed by any prosecutor or anyone from the courts. Our lawyer filed all papers and I read them all. Very straight forward. Link to comment Share on other sites More sharing options...
tinhead Posted November 24, 2013 Share Posted November 24, 2013 One tool in the arsenal that Farang fail to use on situations like this is the defamation suit. Seems like an effective way in silencing opponents. Considering the scenario, I'd say you have a chance to pursue the Thai accuser in this case with defamation. And may the biggest dick win. Link to comment Share on other sites More sharing options...
Lite Beer Posted November 24, 2013 Share Posted November 24, 2013 A nonsense post has been removed Link to comment Share on other sites More sharing options...
moe666 Posted November 24, 2013 Share Posted November 24, 2013 After reading this it is obvious just keep your head down, watch the profanity toward others and do not bump shoulders with anyone. Link to comment Share on other sites More sharing options...
phitsanulokjohn Posted November 24, 2013 Share Posted November 24, 2013 So long as you're telling the truth,then stand your ground and get as many Thai witnesses as you can to clarify what an <deleted> this individual is.I wish you all the very best. Link to comment Share on other sites More sharing options...
Mario2008 Posted November 24, 2013 Share Posted November 24, 2013 1 off topic post and a reply removed Link to comment Share on other sites More sharing options...
Sceptict11 Posted November 24, 2013 Share Posted November 24, 2013 Anecdote. A friend made a loan. All legally undertaken by his lawyer . The recipient failed to honor the terms of the loan. The Thai court found in his favour. He now is in the process , with his lawyers assistance, of selling her house and several cars. Seems to me Thai justice is "right" if you are ! Link to comment Share on other sites More sharing options...
silent Posted November 24, 2013 Share Posted November 24, 2013 Not the first time i am wrong But does sound somewhat strange as only police can bring on criminal charges, how can a person file criminal charge without police? Thought so. Happens all the time in other countries Criminal Prosecutions and Penal Actions (Table of contents) _______________ Chapter 1 Criminal Prosecutions (Table of contents) _______________ § 28 The followings are entitled to institute criminal prosecution in court: (1) The public prosecutor. (2) The victim. Link to comment Share on other sites More sharing options...
lemoncake Posted November 24, 2013 Share Posted November 24, 2013 Not the first time i am wrong But does sound somewhat strange as only police can bring on criminal charges, how can a person file criminal charge without police? Thought so. Happens all the time in other countries Criminal Prosecutions and Penal Actions (Table of contents) _______________ Chapter 1 Criminal Prosecutions (Table of contents) _______________ § 28 The followings are entitled to institute criminal prosecution in court: (1) The public prosecutor. (2) The victim. Yes i realize the section of the law, but what is to stop me walking into a court and filing criminal charge against someone i simply do not like.? I always thought one would require to provide sufficient evidence of the crime and police report is always a must. I am not saying it is not possible as this is Thailand, but find it rather bazaar for court to accept it without even a police report. If so called victim had enough witnesses, one would assume police would have taken some action, but according to OP it was baseless. Thats the point i was trying to make Link to comment Share on other sites More sharing options...
nontabury Posted November 25, 2013 Share Posted November 25, 2013 "I need to post bail, surrender my passport" Not so sure about that. Someone decided to file criminal charges against me in court as the police already determined him to be at fault. No bail and no passport given and my lawyer handled it all. I didn't even have to go into the court room and my lawyer suggested best not to. The case was dismissed based on police and witness testimony. Well here is the totally screwed up Thai legal system. As the Thai has now filed in court he does not have to continue on with the police complaint he made. Of course the police are trying to get the Thai to come in but if he refuses too there is nothing they can do to make him. It is the stupidest thing I have ever seen. You file a complaint with the police, then refuse to follow up on it, go over the polices head and the police cannot do anything about it. You would think that this would be automatic cancellation of the case, but no. The police have told me that either he comes and completes the investigation or pick up his complaint and the case is out of the polices hands and now in the courts hands to do the investigation. Of course if it goes to the courts and is accepted, 9 out of 10 cases are, then I have to post bail, surrender passport, etc.I could be wrong, but i believe he filed civil law suit NOT criminal, as only police can file criminal charges.If thats the case, i do not think you have anything to worry about Said person would need to prove in court damages he is seeking. Depending how far you willing to go, you could counter sue for triple the amount for say "libel" and use police choice not to take action as evidence of slander and extortion by this person as nothing took place but he filed law suit No, not only can the police file a criminal charge, but it's also possible to privately file a criminal charge. Remember his is Thailand. Link to comment Share on other sites More sharing options...
Estrada Posted November 25, 2013 Share Posted November 25, 2013 This is all wrong trust me. They have had my passport and 60k bail now for 6 months. The police is the one holding it all. You are getting wrong information somewhere. Here is how it works: 1) The Plaintiff files a complaint with the police 2) The police do an investigation on your history etc. to see if you have any similar charges etc. 3) If they feel the case should go to court, the police present the case to the prosicutor 4) The prosecutor reads it and decides if it should go to court or not. 5) The prosecutor makes his decission then sends it to the Board of Prosecutors along with his advice 6) If the board agrees with the main prosecutor that it should be dismised then they dismiss the case and do not allow it into court. 7) The prosecutor then makes a letter saying all charges are dropped and sends it to City Hall to be signed. 8) They order the police to give back your bail and passport (if it was taken) Now the only way they can take your passport is if you were given a "Promise to appear" at the police station and you did not show up. Then they would arrest you, bail and keep your passport. It is a very long drawn out process here so better if you can just pay 10,000 baht to the police and/or Plaintiff and have it dropped now. In my case the Plaintiff wanted 100,000 baht so I said NO WAY. My case never even made it to court and the prosecutor had dropped all charges 2 months ago but then the Plaintif (in my case a foreigner) appealed it and they get only 1 appeal so now I'm hoping I get everything back on Dec. 4th. This has been going on for almost 3 years now but this last time I was re-arrested as the foreigner re-charged me and I was arrested in June so this last time has been 6 months and has cost me a total of 6,000,000 baht in lost wages, lawyers, bail etc. PS: This all started in 2011 with a "defamation" charge when I replied to a rude German man trying to talk my down when I had a comuter for sale in the internet. I swore at him and told him to $%^& off and he has been trying to ruin my life ever since. Emails are private and a defamation charge is a public defame so even though I am not wrong, the legal system in Thailand is NOT a good one so PAY NOW if you can and move ahead Sorry Gone, but i do not buy it even a tiny bit. No police or courts would accept a case of libel or defamation because of an email, unless you somehow made that email public through facebook or something like that. You are correct. e-mails are not considered legal documents. A Company or person must place his or its full name and address at the foot of the e-mail for it to be even to be considered as a legal document for presentation in court proceedings. Link to comment Share on other sites More sharing options...
iamariva1957 Posted November 25, 2013 Share Posted November 25, 2013 Go to a lawyer for God's sake. Let them deal with the illogical and mismanaged legal system herein LOS. Stick to your guns and play by the rules. Do NOT claim guilt if you are not guilty. That will come back and bite in the ass. The lawyer might cost more, but the plaintiff will be notified that you have someone on working for you and that alone might fend him off from continuing with this crap. Let face facts, the Thai in this case is after your Farang money plain and simple. You are the 'whale' (to use a Vegas term) and that is just the way it is in their eyes. Maybe just go to the local cops and have a word with them about this whole thing.... maybe buy them some 'tea'? If they know this other guy then they are the first step to court and will be able to talk to him (and his family if he has any) in a manner that he will understand (a 'face' thing). But I still say, get a lawyer! Being convicted (by choice or judgement) is never a good thing in a foreign country... hell it is bad enough in our own! Link to comment Share on other sites More sharing options...
NeverSure Posted November 25, 2013 Share Posted November 25, 2013 Is it possible in Thailand to counter-claim for defamation for, say, 100,000 baht in an attempt to make him want to settle? (It isn't in my home country) Link to comment Share on other sites More sharing options...
nontabury Posted November 25, 2013 Share Posted November 25, 2013 In my opinion, you must never plead guilty to something that you did not do. It is sod's law that it will come back to haunt you at a later date and no matter what you say nobody will believe you that you only pled guilty to make an awkward situation go away. By pleading guilty when innocent, you are taking, what seems at the moment to be the easy path. The easy path is never the right way, it will hurt you more in the end. There is also the principle involved and be aware if you let this man bully you once he will bully you for life. Agree with everything you say, however I was in such a situation, a number of years ago here in Thailand. I din't admit guilt, but I did agree in court to pay the Thai person an amount of money, as I realised that while the judge was impartial, a secound judge appeared in the afternoon who was anything but impartial. It was ether a case of standing up to them and proberbly doing time followed by deportation, or shelving out some money to make the problem go away. The Thai person had too many influential friends for me to win. Would I have paid out in the UK , NEVER. Link to comment Share on other sites More sharing options...
lemoncake Posted November 25, 2013 Share Posted November 25, 2013 Is it possible in Thailand to counter-claim for defamation for, say, 100,000 baht in an attempt to make him want to settle? (It isn't in my home country) This is what i would do if i was OP and hence police did not see any problem and did not take any actions, i think OP has very good chance of winning or making his "pain" to go away Link to comment Share on other sites More sharing options...
.png.3b3332cc2256ad0edbc2fe9404feeef0.png)
Recommended Posts
Create an account or sign in to comment
You need to be a member in order to leave a comment
Create an account
Sign up for a new account in our community. It's easy!
Register a new accountSign in
Already have an account? Sign in here.
Sign In Now