What Is A "Private" Criminal Case In Thailand???

[pipeflaw]

I have been having some serious business disputes with one Thai national, let's call him "Khun Som", which may end up in Thai court.  I was telling my buddy about it, who lived in BKK for over 13 years and did business here, and he said to be careful because I could end up the defendant in a "private" criminal case initiated by Khun Som without the involvement of a public prosecutor.  I told him I hadn't done anything wrong or illegal but he said that may not matter.  Is there any truth to what he is saying?

[ThaidDown]

What he is saying is true.

 

From a Phuket Gazette article...

 

In Thailand, people are able to access the criminal justice system through two channels. The most common way is for a private citizen to file a complaint with the police. The police gather evidence and submit the case to the public prosecutor. The public prosecutor determines whether to file formal charges after reviewing the evidence.

The second method is a private criminal prosecution. Under this method, crime victims have the right to file a case against the accused perpetrator. In cases where the victim is seriously injured or dead, the spouse or heirs can file the lawsuit. Generally, a private prosecution is faster, more focused and more efficient than a public prosecution because an attorney will assist in the investigation of the case to strengthen the victim’s charge.

 

Full article giving more details    http://www.phuketgazette.net/phuket-lifestyle/Law-Order-Tangled-Thai-Law/62234

 

[dageurreotype]

39 minutes ago, ThaidDown said:

What he is saying is true.

 

From a Phuket Gazette article...

 

In Thailand, people are able to access the criminal justice system through two channels. The most common way is for a private citizen to file a complaint with the police. The police gather evidence and submit the case to the public prosecutor. The public prosecutor determines whether to file formal charges after reviewing the evidence.

The second method is a private criminal prosecution. Under this method, crime victims have the right to file a case against the accused perpetrator. In cases where the victim is seriously injured or dead, the spouse or heirs can file the lawsuit. Generally, a private prosecution is faster, more focused and more efficient than a public prosecution because an attorney will assist in the investigation of the case to strengthen the victim’s charge.

 

Full article giving more details    http://www.phuketgazette.net/phuket-lifestyle/Law-Order-Tangled-Thai-Law/62234

 

But in either case, if you're White and your opponent is Thai, don't bother.

[ezzra]

 

Thai laws is one huge slippery slop where you know how you started but

never know how it will end, this is their country, their laws and their language

and most of the lawyers in Thailand are less than honest and I speak

from a bitter experiences,

try to resolve the matter quietly and amicably, if can't, make sure you have

a good, honest and switched on lawyer on your side, and maybe you'll

come out unhurt and not losing both money and dignity.....

[pipeflaw]

These comments are appreciated, but disheartening.  I can see I have to look into this more closely.

[Asiantravel]

I have been following the case of the two British guys in Phuket who were both victims of property fraud and which then Jonathan Head of the BBC has tried to report to the world .What really disturbs me about Thailand's legal system is the bar seems too low regarding someone being able to start a private criminal case against someone else and  in the case of a foreigner can then lead to either the defendant being put on a court Visa or even worse the passport having to be surrendered to the court. In both cases you are then not allowed to leave Thailand until the case is over.

[pipeflaw]

What is a court visa?

 

[al007]

I have had too much experience of Thailand court systems, and lawyers here

 

My father in law with seven others was on a murder charge after 4 yrs dismissed

 

I also looked at courts for pursuing a claim of my own I could have initiated both civil and criminal proceedings, I closed the matter without courts

 

I have had first hand contact with maybe eight firms of lawyers who all act very differently from the west, and in my professional opinion all not competent

 

My observations are avoid litigation at any reasonable cost

 

Defamation laws are also very difficult say anything bad even if you are correct you can still be locked up

 

Further life is valued cheeply here there are stories of people being eliminated for less than 5,000 bhat

 

Read Andrew Drummond, I believe he left here because he was concerned for his personal safety, and he was no chicken

 

My belief is the system here favors the dishonest

 

If you want to talk PM me and I will give you my phone number, I am but a simple retired Chartered Accountant

 

Be lucky and sad to hear of you problems, also be careful

[Suradit69]

Private prosecutions are, of have been until recently, allowed in many countries, including UK, some US states, Canada and parts of Australia.

 

Quote

 

A private prosecution is a prosecution started by a private individual, or entity who/which is not acting on behalf of the police or other prosecuting authority. A 'prosecuting authority' includes, but is not limited to, an entity which has a statutory power to prosecute.

There are a number of organisations that regularly prosecute cases before the courts of England and Wales but they do so as private individuals, using the right of any individual to bring a private prosecution. 

 

http://www.cps.gov.uk/legal/p_to_r/private_prosecutions/

 

Quote

 

Anyone can go to a courthouse and ask a Justice of the Peace (JP) to lay criminal charges – this is also known as commencing a 'public prosecution'. Section 504 of the Criminal Code of Canada states that "Any one who, on reasonable grounds, believes that a person has committed an indictable offence may lay an information in writing and under oath before a justice".

This means that you can allege that a named person ("the accused") has committed an indictable offence within the territorial jurisdiction of the court and the JP is required to receive the information and then refer it to a court hearing where a judge or another JP will then decide whether to issue a summons to the accused.

 

https://movementdefence.org/privateprosecutions

[Suradit69]

25 minutes ago, al007 said:

Further life is valued cheeply [sic] here there are stories of people being eliminated for less than 5,000 bhat

So at what amount would it be OK to "eliminate" someone?

 

Kids are killed in the US for a pair of shoes.

 

Quote

 

Americans are willing to kill each other for shoes. And while each fatal incident may seem like a freak occurrence, sneaker-motivated deaths can mount over time.

An estimated 1,200 people die over sneakers every year, according to a video posted Nov. 14 by GQ magazine. Excerpted from a recent documentary on sneaker culture called Sneakerheadz, the video suggests one factor in the violence is the marketing hype machine that transforms sneaker releases into consumer feeding frenzies.

 

https://qz.com/554784/1200-people-are-killed-each-year-over-sneakers/

[dageurreotype]

20 hours ago, Suradit69 said:

So at what amount would it be OK to "eliminate" someone?

 

Kids are killed in the US for a pair of shoes.

 

https://qz.com/554784/1200-people-are-killed-each-year-over-sneakers/

This topic is about Thailand. Stick to it. And no amount of stories of being offed for sneekers or a smartphone comes close to that which has happened to many of us here. I personally could write a bloody book.

[KBsinter]

49 minutes ago, dageurreotype said:

This topic is about Thailand. Stick to it. And no amount of stories of being offed for sneekers or a smartphone comes close to that which has happened to many of us here. I personally could write a bloody book.

 

Same here, totally agree.............

[madusa]

On 2017/3/12 at 10:56 PM, dageurreotype said:

But in either case, if you're White and your opponent is Thai, don't bother.

You mean to say in Thailand White or any other foreigners(black, yellow ) have no chance of getting justice in court of law?

Please comment because I really want to know what is going on in Thailand court of law.

[al007]

16 minutes ago, madusa said:

You mean to say in Thailand White or any other foreigners(black, yellow ) have no chance of getting justice in court of law?

Please comment because I really want to know what is going on in Thailand court of law.

This is an over the top  unfair statement so I believe, at the best of times the courts are difficult here but not impossible

 

It is made more difficult for the foreigner, everything has to be translated into Thai

 

In my situation I did consider court but it can also be long winded and maybe take years, and also stressful, I also believe eventually I would have won in court

 

The lawyers may also have overstated views of their own competence, which does not help

 

There is also no jury, which has plusses as well as minuses

 

You can also go and investigate personally and sit in the public gallery, obviously respectfully dressed

 

[Asiantravel]

On ‎15‎/‎03‎/‎2017 at 10:34 PM, pipeflaw said:

What is a court visa?

 

there are several references to what a court Visa is on a forbidden website but here is another one and it suggests that all other visas are suspended and that you are allowed to remain in Thailand only by virtue of the fact that you are required for court appearances

 

Quote

Head's current press credentials are scheduled to expire in May, after which he will be required to apply for a court visa that must be renewed every one or two months in the southern province of Phuket, a one-hour flight from Bangkok, where Head lives and works, the BBC representative told CPJ. Because of strict contempt of court laws in Thailand, the representative requested anonymity.

 

https://cpj.org/2017/02/defamation-suit-in-thailand-restricts-bbc-reporter.php

 

[dageurreotype]

22 hours ago, madusa said:

You mean to say in Thailand White or any other foreigners(black, yellow ) have no chance of getting justice in court of law?

Please comment because I really want to know what is going on in Thailand court of law.

I am currently reading an academic tome on SE Asia I'd chanced upon in a second hand store here. Incredibly illuminating and a must read, for those who have the patience.

 

Among many topics covered is the fact that the entire region being animist, had various other world religions thrust upon them around about the 18th century. However logistics being what they were way back then, these various religions were mostly practised by the various royal courts, who even then maintained their animist beliefs (hence government officials consulting fortunetellers and being regularly mocked on this forum for doing so ). Hence a Hindu in Bali is very far removed from the real McCoy in India, a Muslim from Arabia (the texts of which were exclusively related in Arabic, incomprehensible to the locals of say Java, Sumatra, Malaya etc.)  The Catholic church seized the Philippines 'out of faith and devotion' to Christianity, but only the Catholic priests were allowed to preach thus holding great sway over the populace. Conversely. Theravada Buddhism in Thailand ensured the monarchy was supported by them, and not the other way around, you can see this today here. 

 

The Thai judicial system was founded on aspects of predominantly English Law with bits of Swiss or whatever else appealed to the Thai Lawmakers thrown in. Before this, they were tribal counsels who deliberated in what one would consider a tribalistic manner subject to the whims, potential for benefits and vagaries of the village headman, with much emphasis placed upon 'compromise'.

 

The two examples I give are concomitant in that they are really just sticking to their old tribal culture whilst putting on a show of more sophisticated, Western', ideals, with a great deal of xenophobia thrown in.

 

Hope this goes some way to dissipate the frustration at the way things are here. East is East and all that, and always will be.