New Thai law to disallow convicted criminals in absentia to appeal court’s ruling

[webfact]

New law to disallow convicted criminals in absentia to appeal court’s ruling



BANGKOK: -- The Cabinet yesterday endorsed a significant change in the existing Criminal Procedure Act that will bar convicted criminals in absentia to lose their rights to appeal to higher courts
.
But they will get the right for appeal only they appear by themselves at the court.

If the amendment is passed into law by the National Legislative Assembly (NLA), lawyers will no longer be allowed to appeal on behalf of those convicted against court’s ruling.

Government spokesman Maj Gen Sansern Kaewkamnerd said the amendment to the Criminal Procedure Act was proposed by Mr Mahannop Detwitak, a member of the NLA, reasoning that he didn’t want to see convicted criminals fleeing the country during court trials to obtain the right to appeal to the Appeals Court and the Supreme Court.

Under his proposed amendment, convicted criminals who are not in the country must be barred from designating their lawyers to act on their behalf to appeal court’s verdict.

Convicted criminals are allowed to appeal only they show up at the court.

If they do not appear, the court will reject their appeals, the spokesman quoted the NLA member’s amendment as saying.

The spokesman said the proposed amendment corresponds with the wish of the government’s policy which wants to ensure justice in the society.

Under Article 182 of the Criminal Procedure Act, in case that the court has issued arrest warrant for a suspect but he is still not arrested within one month after the issuance date, the court can announce its verdict in absentia on assumption that the convicted has acknowledged the ruling.

But the convicted criminal is given the right to designate his lawyer to appeal.

The assemblyman viewed that the right for appeal given to convicted criminals in absentia is not an advantage to the justice system. Instead this right merely encourages criminals to flee court trial.

He viewed that this change will deprive the right for appeal of those who have thoughts to flee the court to fight the cases.

Source: http://englishnews.thaipbs.or.th/new-law-disallow-convicted-criminals-absentia-appeal-courts-ruling/


-- Thai PBS 2016-07-13

[tomacht8]

Now that's logical. The physical presence of the accused in court should be the rule and not the exception.

[Strangebrew]

besides easier to put in slammer if present.

[ezzra]

So the Thai law allowed to be tried, convicted AND appeal in absentia? how convenient for the criminals,

what else? maybe serve their sentences in absentia as well?.......

[seajae]

finally getting somewhere, no more appeals from abroad or over the phone/internet. There goes a lot of lawyers benefits too, about time they started doing this, was a joke the way they would appeal without ever having been in court to even face the charges or have any intention of showing their faces in the court room.

[worgeordie]

This must be aimed at the man in the desert,living off camel meat

and camel milk according to him.

regards Worgeordie

[p_brownstone]

I have not yet read the original Thai version of this proposed legislation so perhaps the English translation as "convicted criminals" is not quite correct.

To me a major flaw in Thai Law is the definition / application of the "Statute of Limitation".

As it now stands if one is accused of a crime in Thailand one must appear in Court to "acknowledge" the charges ..... and only at that point does the so-called Statute of Limitations start the clock ticking.

However, if one simply refuses to attend the Court to "acknowledge" the charge the Thai "Statute of Limitations" is judged to begin from ths date of the "alleged" crime.

The end result is that anyone with the financial resources or contacts can flee and reside outside Thailand and simply wait for the "Statute of Limitations" for their particular crime to expire vide Thaksin, and various "Hi-So" drunk / drugged Drivers et al.

I hope this new legislation addresses this situation, but I have serious doubts.

Patrick

Edited July 13, 2016 by p_brownstone

[brucec64]

Unfortunately won't help with the Reb Bull case because they won't even bring this to trial. I understand the objective here, but no amount of reform will fix the system until there is an even application of the law.

[sweatalot]

New law to disallow convicted criminals in absentia to appeal court’s ruling

? I thougt this to be self evident

[baboon]

Unfortunately won't help with the Reb Bull case because they won't even bring this to trial. I understand the objective here, but no amount of reform will fix the system until there is an even application of the law.

Aye, I very much doubt that they had the Red Bull case in mind when reforming this legislation..

[billd766]

So the Thai law allowed to be tried, convicted AND appeal in absentia? how convenient for the criminals,

what else? maybe serve their sentences in absentia as well?.......

What I think it means is that all of the outstanding court cases now on hold can be dealt with whether the person is there or not. So if you don't turn up in court you have virtually declared yourself guilty and then you will be punished.

If you are not in the country of course you cannot go to jail, but then of course you are a criminal fugitive and if you ever come back it will be a case of "Do not collect $200, go directly to jail." There will be NO get out of jail free cards issued either.

[waldroj]

Maj Gen Sansern ... reason(ed) that he didn’t want to see convicted criminals fleeing the country.

Yet another judicial weapon for selective use (i.e. people "charged" of political and LM crimes - who would also not be entitled to bail)!

[jesimps]

So the Thai law allowed to be tried, convicted AND appeal in absentia? how convenient for the criminals,

what else? maybe serve their sentences in absentia as well?.......

What I think it means is that all of the outstanding court cases now on hold can be dealt with whether the person is there or not. So if you don't turn up in court you have virtually declared yourself guilty and then you will be punished.

If you are not in the country of course you cannot go to jail, but then of course you are a criminal fugitive and if you ever come back it will be a case of "Do not collect $200, go directly to jail." There will be NO get out of jail free cards issued either.

I'm sure the criminal fugitive you're referring to won't come back because of not what you said, but "Do not collect $200, go directly to be measured for a wooden overcoat".

[tifino]

they are in virtual chains - so drag them in...

[ramrod711]

The Cabinet yesterday endorsed a significant change in the existing Criminal Procedure Act that will bar convicted criminals in absentia to lose their rights to appeal to higher courts

The very next step should be, to stop convicted criminals or people who have fled the country to avoid prosecution, from suing for damages.

[Ulic]

Seems reasonable to me.

[billd766]

So the Thai law allowed to be tried, convicted AND appeal in absentia? how convenient for the criminals,

what else? maybe serve their sentences in absentia as well?.......

What I think it means is that all of the outstanding court cases now on hold can be dealt with whether the person is there or not. So if you don't turn up in court you have virtually declared yourself guilty and then you will be punished.

If you are not in the country of course you cannot go to jail, but then of course you are a criminal fugitive and if you ever come back it will be a case of "Do not collect $200, go directly to jail." There will be NO get out of jail free cards issued either.

I'm sure the criminal fugitive you're referring to won't come back because of not what you said, but "Do not collect $200, go directly to be measured for a wooden overcoat".

I wasn't referring to him specifically as there are so many of them but I don't think he will be back in in Thailand this life. I could be wrong of course and I have been quite a few times before.

[tomacht8]

The Cabinet yesterday endorsed a significant change in the existing Criminal Procedure Act that will bar convicted criminals in absentia to lose their rights to appeal to higher courts

The very next step should be, to stop convicted criminals or people who have fled the country to avoid prosecution, from suing for damages.

And another good step would be the revision of the bail proceedings.

Confessed serious crimes criminals one should not grant bail.

Confessed murderers, stabbers,homiciders, drunken drivers causing death, etc. can lead their appeals process out from prison.

Even if an appeal actually makes sense should be examined.

Many appeals process there are starting with no new facts findings.

The culprit is simply only dissatisfied with the amount of the penalty.

[arrowsdawdle]

Now that's logical. The physical presence of the accused in court should be the rule and not the exception.

You seem to be enjoying the Kool-Aid. Have you no ability to differentiate between a junta manipulating coup courts and democratic process?

[arrowsdawdle]

Seems reasonable to me.

Another mindless Kool-Aid drinker...my, my.

[arrowsdawdle]

I have not yet read the original Thai version of this proposed legislation so perhaps the English translation as "convicted criminals" is not quite correct.

To me a major flaw in Thai Law is the definition / application of the "Statute of Limitation".

As it now stands if one is accused of a crime in Thailand one must appear in Court to "acknowledge" the charges ..... and only at that point does the so-called Statute of Limitations start the clock ticking.

However, if one simply refuses to attend the Court to "acknowledge" the charge the Thai "Statute of Limitations" is judged to begin from ths date of the "alleged" crime.

The end result is that anyone with the financial resources or contacts can flee and reside outside Thailand and simply wait for the "Statute of Limitations" for their particular crime to expire vide Thaksin, and various "Hi-So" drunk / drugged Drivers et al.

I hope this new legislation addresses this situation, but I have serious doubts.

Patrick

Why would you have doubts about new rules cast to selectively serve a military regime that hijacked a freely elected government?

[hansnl]

This must be aimed at the man in the desert,living off camel meat

and camel milk according to him.

regards Worgeordie

Ahhhhhh

Camel milk.

Very healthy

[sanukjim]

Now that's logical. The physical presence of the accused in court should be the rule and not the exception.

By By Thaksin

[baboon]

Now that's logical. The physical presence of the accused in court should be the rule and not the exception.

By By Thaksin

No, I don't believe Thaksin drafted this piece piece of legislation...

[Lannig]

Seems reasonable to me.

It would make sense in a democratic country with a fair justice system.

Not in Thailand.

Seems to me like a convenient way to expedite the condemnation of political opponents who might have fled abroad as self-preservation from a totalitarian state.

I'm sure that it will come handy when prosecuting people for criticizing the draft charter.

Probably much more than when dealing with criminals with high level connections.

Edited July 14, 2016 by Lannig