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Thai police: Sentence in body parts case may have been low


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Sentence in body parts case may have been low
The Nation

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BANGKOK: -- The two American men who tried to courier human body parts out of Thailand were briefly questioned for filing false information about cargo - an offence that carries a maximum sentence of five months, too low for police to make an immediate arrest.

Maj-General Chawalit Prasobsil, a metropolitan police commander, made this point after officers involved in the case were accused of dereliction of duty for letting the men go. Chawalit said under the Penal Code, police can only make immediate arrests for crimes carrying a minimum three-year jail term.

He was responding yesterday to a statement by the Lawyers' Council of Thailand, which accused Bang Phongphang police of dereliction of duty after they briefly detained then let go Ryan McPherson and Daniel Tanner when they tried to mail five body parts to a Las Vegas address via DHL.

It is believed the men are now in Cambodia.

Chawalit said the officers would have needed arrest warrants to detain them further, while there was also the matter related to the Penal Code's arrest guidelines.

Source: http://www.nationmultimedia.com/national/Sentence-in-body-parts-case-may-have-been-low-30248262.html

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-- The Nation 2014-11-21

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"Chawalit said under the Penal Code, police can only make immediate arrests for crimes carrying a minimum three-year jail term."

Well that's just stupid.

Who the hell came up and the this idiotic ridiculous nonsense. It goes a long way to explaining how dumb Thailand as a society is.

Might as we hire a private police force to solve issues.

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Yeah, the items in question now appear to be museum pieces
- but the cops didn't know that at the time.
It's completely irrelevant to their escape.

I don't suppose we'll ever learn what punishment the cops received.
I assume they'l have to share the spoils.

This place is completely off the rails.

Edited by BeforeTigers
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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

There was no proof or indication they stole the parts when questioned by police. How do they suspect them of stealing something when they don't even know if and who the victim might be? The certainly could have done more but not like they could have got answers quick and not sure how long they could hold them while investigating and/or filing charges.

And of course you could not chop somebody up and .... if you can't see the difference it is not worth explaining.

Keep in mind too that police could probably make an arrest if they witness a crime but not one they are investigating without a warrant. Not really different than most places. However, in the US I do know they can arrest somebody and hold them without charge or appearing in front of a judge for anywhere from 48 to 72 hours. I would think police in Thailand have the same authority ... seems they messed up as the story indicates.

In the end it is about a couple petty and ignorant thieves getting away ... not really a big deal except just odd because of what they stole.

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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

There was no proof or indication they stole the parts when questioned by police. How do they suspect them of stealing something when they don't even know if and who the victim might be? The certainly could have done more but not like they could have got answers quick and not sure how long they could hold them while investigating and/or filing charges.

And of course you could not chop somebody up and .... if you can't see the difference it is not worth explaining.

Keep in mind too that police could probably make an arrest if they witness a crime but not one they are investigating without a warrant. Not really different than most places. However, in the US I do know they can arrest somebody and hold them without charge or appearing in front of a judge for anywhere from 48 to 72 hours. I would think police in Thailand have the same authority ... seems they messed up as the story indicates.

In the end it is about a couple petty and ignorant thieves getting away ... not really a big deal except just odd because of what they stole.

Regarding para 3, it's actually 84 days here... thought we all knew that by now! ;)

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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

But the police didn't know that at the time. They just took the guys' word at face value when they said they bought the parts in the market.

Turned out they lied.

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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

But the police didn't know that at the time. They just took the guys' word at face value when they said they bought the parts in the market.

Turned out they lied.

Could have easily just have asked to be taken to the market where they bought the parts. If it turns out to be true, you can go and we'll look into the people selling them.

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"Chawalit said the officers would have needed arrest warrants to detain them further..."

Right. The police never detain or arrest anyone unless that first have an arrest warrant. I might not have that much intelligence, but the little I do have has really been insulted by your BS statement. bah.gif

Edited by jaltsc
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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

But the police didn't know that at the time. They just took the guys' word at face value when they said they bought the parts in the market.

Turned out they lied.

Could have easily just have asked to be taken to the market where they bought the parts. If it turns out to be true, you can go and we'll look into the people selling them.

They could have done a lot of things. But they didn't . That's the whole reason this thread exists.

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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

There was no proof or indication they stole the parts when questioned by police. How do they suspect them of stealing something when they don't even know if and who the victim might be? The certainly could have done more but not like they could have got answers quick and not sure how long they could hold them while investigating and/or filing charges.

And of course you could not chop somebody up and .... if you can't see the difference it is not worth explaining.

Keep in mind too that police could probably make an arrest if they witness a crime but not one they are investigating without a warrant. Not really different than most places. However, in the US I do know they can arrest somebody and hold them without charge or appearing in front of a judge for anywhere from 48 to 72 hours. I would think police in Thailand have the same authority ... seems they messed up as the story indicates.

In the end it is about a couple petty and ignorant thieves getting away ... not really a big deal except just odd because of what they stole.

Sure, there was no proof that the body parts were stolen when the suspects were being questioned, but they were vague about where and how they had acquired the parts. A local market? Has anyone (including the police) seen baby heads on sale in a market? Just the fact that they had misrepresented the items on a customs declaration and then got all evasive when questioned about them ... that should have put up more than a few red flags. They should have at least been detained until all this was sorted out.

This has nothing to do with minimum sentencing. It has everything to do with verifying the source of the items when the 'owners' were being evasive (and had already lied on their customs declaration).

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How can a senior official just make up things and lie like a 5-year old child, take no responsibility and STILL keep his job?

Well, that's a basic requirement for them to be able to progress through the ranks, same in Politics.

Basically tho, they don't want to set a precedent that could then be applied to the even higher higher-ups. Same, same as what is happening with Politics right now with all the corruption, dereliction of duty and impeachment cases.

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Could have easily just have asked to be taken to the market where they bought the parts. If it turns out to be true, you can go and we'll look into the people selling them.

But the police didn't know that at the time. They just took the guys' word at face value when they said they bought the parts in the market.

Turned out they lied.

They could have done a lot of things. But they didn't . That's the whole reason this thread exists.

Yes, I know why the thread exists.

My point wasn't what they could have done better. My point was that you can't take people's words for things when you're a police officer and you're questioning a suspect or someone 'suspicious'.

The whole 'blame the lying criminal' by the poster before, and lay of the police was the reason I said what I said.

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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

Well no, i thought they stole the body parts.

There was no proof or indication they stole the parts when questioned by police. How do they suspect them of stealing something when they don't even know if and who the victim might be? The certainly could have done more but not like they could have got answers quick and not sure how long they could hold them while investigating and/or filing charges.

And of course you could not chop somebody up and .... if you can't see the difference it is not worth explaining.

Keep in mind too that police could probably make an arrest if they witness a crime but not one they are investigating without a warrant. Not really different than most places. However, in the US I do know they can arrest somebody and hold them without charge or appearing in front of a judge for anywhere from 48 to 72 hours. I would think police in Thailand have the same authority ... seems they messed up as the story indicates.

In the end it is about a couple petty and ignorant thieves getting away ... not really a big deal except just odd because of what they stole.

Regarding para 3, it's actually 84 days here... thought we all knew that by now! wink.png

With everything about 84 days being in the press, odd you still don't get it. The police cannot hold somebody for 84 days without going before a judge and no judge is going to hold somebody for theft when there is no proof an item is stolen nor is anyone claiming the items were stolen from them. Minor offenses often don't require arrest anywhere and a case like this in other places likely would be handled in a similar fashion with police taking a report and turning it over to detectives. Sure a hard nosed cop could do more but freaking Amazing some posters here would be up in arms about them holding a fellow foreigner for days while they investigated them to see IF a more serious crime took place. A no win situation for police but always a win for those who want to whine and act superior after the fact.

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Regarding para 3, it's actually 84 days here... thought we all knew that by now! wink.png

There was no proof or indication they stole the parts when questioned by police. How do they suspect them of stealing something when they don't even know if and who the victim might be? The certainly could have done more but not like they could have got answers quick and not sure how long they could hold them while investigating and/or filing charges.

And of course you could not chop somebody up and .... if you can't see the difference it is not worth explaining.

Keep in mind too that police could probably make an arrest if they witness a crime but not one they are investigating without a warrant. Not really different than most places. However, in the US I do know they can arrest somebody and hold them without charge or appearing in front of a judge for anywhere from 48 to 72 hours. I would think police in Thailand have the same authority ... seems they messed up as the story indicates.

In the end it is about a couple petty and ignorant thieves getting away ... not really a big deal except just odd because of what they stole.

With everything about 84 days being in the press, odd you still don't get it. The police cannot hold somebody for 84 days without going before a judge and no judge is going to hold somebody for theft when there is no proof an item is stolen nor is anyone claiming the items were stolen from them. Minor offenses often don't require arrest anywhere and a case like this in other places likely would be handled in a similar fashion with police taking a report and turning it over to detectives. Sure a hard nosed cop could do more but freaking Amazing some posters here would be up in arms about them holding a fellow foreigner for days while they investigated them to see IF a more serious crime took place. A no win situation for police but always a win for those who want to whine and act superior after the fact.

The police can do whatever they like. I think they've proved that with the whole Kho Tao affair.

Just make it up as they go along.

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So if get this right I can murder someone chop them up package them send to an address is the states and say it's chocolate and if I get caught I'm charged for filing false information about cargo and let go?

They are trying to defend the indefensible .

No, if you're caught you'll be charged with murder and arrested. You are just being obtuse.

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RTP Public Relations Protocol:

Day one: screw up

Day two: admit screw up before international press

Day three: Make excuses for screw up after foolishly admitting screw up

The screw-up was actually your misunderstanding of today's OP. The police didn't screw up, that's the whole point, they were bound by the law.

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It is believed the men are now in Cambodia.

I suppose it would be too much work for them to look into what airline and flight they left on.

Would it have been too much work for you to read the reports about this before your bashing the police? The police know exactly which land crossing they left through.

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Yeah, the items in question now appear to be museum pieces

- but the cops didn't know that at the time.

It's completely irrelevant to their escape.

I don't suppose we'll ever learn what punishment the cops received.

I assume they'l have to share the spoils.

This place is completely off the rails.

"I don't suppose we'll ever learn what punishment the cops received."

Punished for what? Read your own first paragraph.

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