18 November 2009
The Act on Mutual Assistance in Criminal Matters
B.E. 2535 (1992)
This Act shall be called the "Act on Mutual Assistance in Criminal Matters, B.E. 2535."
This Act shall come into force after ninety days upon its publication in the Government Gazette.
All other laws, regulations, rules, decrees, and announcement already provided in or inconsistent to this Act shall be replaced by this Act.
Section 4 In this Act :
Assistance" means assistance regarding investigation, inquiry, prosecution, forfeiture of property and other proceedings relating to criminal matters;
Requesting State" means the state seeking assistance from the Requested State;
Requested State" means the state from whom an assistance for the Requesting State is sought;
Central Authority" means the person having authority and function to be the coordinator in providing assistance to a foreign state or in seeking assistance from a foreign state under this Act;
Competent Authorities" means the official having authority and function to execut the request for assistance from a foreign state as notified by the Central Authority under this Act.
The Prime Minister shall be the guardian of this Act and shall have the authority to issue Ministerial Regulations necessary for the implementation of this Act.
Ministerial Regulations shall become effective upon publication in the Government Gazette.
CHAPTER 1 Central Authority
The Central Authority shall be the Attorney General or the person designated by him.
The Central Authority shall have the following authority and functions :
(1) To receive the request for assistance from the Requesting State and transmit it to the Competent Authorities;
(2) To receive the request seeking assistance presented by the agency of the Royal Thai Government and deliver to the Requested State;
(3) To consider and determine whether to provide or seek assistance;
(4) To follow and expedite the performance of the Competent Authorities in providing assistance to a foreign state for the purpose of expeditious conclusion;
(5) To issue regulations or annoucement for the implementation of this Act;
(6) To carry out other acts necessary for the success of providing or seeking assistance under this Act.
There shall exist a board comprising representatives from the Ministry of Defence, the Ministry of Foreign Affairs, the Ministry of Interior, the Ministry of Justice, the Office of the Attorney General, as well as other distinguished people not more than four persons as its members and one public prosecutor designated by the Board as its Secretary. The Board shall provide opinion to assist the Central Authority in consideration and determination of the providing for or seeking assistance from foreign states where such matter may affect national sovereignty or security, crucial public interests, international relation, or relate to a political or military offence.
When an assistance is sought under Section 10 or Section 36 and the process under Section 11 has already been completed, the Central Authority shall promptly refer the matter to the Board for its opinion unless the process has been otherwise established by the Board.
If there shall be a dissent between the opinion of the Board and the determination of the Central Authority, then the latter shall refer the case to the Prime Minister for his ruling in accordance with Section 11 paragraph five or Section 38 paragraph two as the case may be.
CHAPTER 2 Providing of and Seeking for Assistance.
PART 1 General Provisions
The providing of assistance to a foreign state shall be subject to the following conditions :
(1) Assistance may be provided even there exists no mutual assistance treaty between Thailand and the Requesting State provides that such state commits to assist Thailand under the similar manner when requested;
(2) The act which is the cause of a request must be an offence punishable under Thai laws unless when Thailand and the Requesting state have a mutual assistance treaty between them and the treaty otherwise specifies provides, however, that the assistance must be conformed to the provisions of this Act;
(3) A request may be refused if it shall affect national sovereignty or security, or other crucia1 public interests of Thailand, or relate to a political offence;
(4) The providing of assistance shall not be related to a military offence.
The state having a mutual assistance treaty with Thailand shall submit its request for assistance directly to the Central Authority. The state which has no such treaty shall submit its request through diplomatic channel.
A request for assistance shall conform to the forms, regulations, means and conditions defined by the Central Authority.