Hughes Krupica: Is that legal Mr. Police Officer?

If someone is being assaulted what can the Police do if the assault is still in process?
An administrative or Police official may arrest any person without a warrant or order directed by a court if the person in question commits a flagrant offence pursuant to section 80 of the Criminal Procedure Code. (The Criminal Procedure Code, Section 78)

If the police suspect someone is carrying drugs, under what circumstances can they stop and question or stop and search the suspect?
This is a similar rule to the above and doesn’t differ in relation to suspected drugs offences. A search may not be conducted upon the body of any person in a public place, save where it is performed by an administrative or Police official when there is a reasonable suspicion that such person is carrying with him any article which is likely to be used for, or has been obtained through the commission of, an offence or whose possession constitutes an offence. (The Criminal Procedure Code, Section 93)

Are the rules different for stopping and searching a vehicle? Can the Police just randomly stop vehicles? If it is a public or private vehicle, the police can stop and search in accordance with the same rules as Section 93. If a woman is pregnant and on the way to the hospital to have a baby, can the police stop the private car if the private car is going too fast to get to the hospital? Yes, the police can stop the private car if the private car is going too fast (Land Traffic Act 1979 Section 67). The driver must not exceed the speed limit prescribed by regulations regardless of the circumstances.

If a cement truck driver has an accident, is it the duty of the police to carry out a blood test for alcohol and drugs?
Yes, an investigating officer shall, so far as is possible, collect every kind of evidence for the purpose of ascertaining all facts and circumstances in respect of the alleged offence, identifying the offender and collect evidence to assist in proving the guilt or innocence of the accused. (The Criminal Procedure Code, Section 131)

If a cement truck kills someone, do the police have the power to arrest the driver and automatically charge him? The answer is contained within the meaning of an 'Administrative or Police Official', which means an official vested by law with the power and duty to keep the public peace. This definition includes chief gaolers, customs and excise officers, harbour department officials, immigration officers and all other officials when performing acts in connection with the arrest of offenders or the suppression of crime which they have the duty to supervise or suppress. (The Criminal Procedure Code, Section 2 (16)). Therefore, yes, the Police do have the power to arrest that cement truck driver.

If a locked safe in a hotel has missing items, do the Police have a duty to investigate how the items became missing?
As per the above, yes, because an investigating officer shall, so far as is possible, collect every kind of evidence for the purpose of ascertaining all facts and circumstances in respect of the offence alleged, identifying the offender in order to assist to prove the guilt or innocence of any accused. (The Criminal Procedure Code, Section 131)

If a Police Officer shoots someone when he is off duty – what is the punishment for the Police Officer ? Are there any special rules about Police behaviour when off duty?
Whoever, murdering the other person, shall be punished by death or imprisoned from 15 years to 20 years. (Thai criminal Law, Section 288)

Can a Police Officer use his gun when he is not on duty and not in uniform?
No, because under The Thailand Gun Act, 1947, section 8 Bis, Police Officers cannot use their guns when not on duty and not in uniform.

Is it legal for a Police Officer to drink whisky in a karaoke bar, on duty and in uniform?
Such an act would be illegal because under The Police Act 2004, section 78 (12) the Police may not behave in a way that is "inappropriate".

If a Police Officer makes a mistake in procedure during the arrest process, can the suspected criminal challenge the Police Officer?
Yes, such a person can challenge the arrest process because, under The Criminal Procedure Code, Section 90:

“Where any person is alleged to be unlawfully arrested in a criminal case or in any other event, the following persons shall be entitled to submit a motion to the court which is empowered to exercise criminal jurisdiction over the relevant jurisdiction for release of the person in question:

1. The person in question himself
2. The public prosecutor
3. The investigating officer
4. The prison governor or official
5. A spouse or relative of the person in question or any other person for his sake.

Upon receipt of such application, the court shall immediately hold a hearing for the applicant.

There are, of course, many other laws and regulations which many will simply not be aware of when encountering events which may befall them in Thailand: assaults, robberies and thefts, fleeing the scenes of road traffic accidents, rape, threatening behaviour with guns, ransom and kidnap to name just a few examples.

It is best to know what the regulations are and, in times of severe trauma and stress, to check the rules with a qualified and licensed Thai attorney-at-law who is competent and has experience in matters of criminal law.

Desmond Hughes – Senior Partner, Hughes Krupica
Hughes Krupica is a law firm which specialises in Real Estate; Construction; Hospitality; Corporate; Dispute Resolution; and Litigation, operating in Bangkok and Phuket, servicing clients in relation to their business activities in Thailand and in other regions of Asia.
www.hugheskrupica.com