Thailand Criminal Procedure Code Sections 52-56

Title 4

Summonses and Criminal Warrants

Chapter 1

Summonses

Section 52 In order to require for a personal appearance of any person before a superior administrative or police official or court in the interest of an inquiry, preliminary hearing, trial or any other act under the present Code, a summons shall be directed for such person by the inquirer, superior administrative or police official or court, as the case may be.

In the event that an inquirer or superior administrative or police official holds an inquiry in person, he shall enjoy the power to require an accused or witness to make presence without issuing any summons.

Section 53 A summons shall be made in writing and shall contain the following items:

• The place of issuance;
• The date of issuance;
• The name and address of the summonsed;
• The requirement in the interest of the summonsed;
• The place, date and time for appearing;
• The signature of the judge and the seal of the court, or the signature and the position of the official issuing it;

Sections 54 In fixing the date and time for the summonsed to make a personal appearance, the distance shall be taken into consideration, so that he would enjoy the opportunity to timely appear according to the date and time fixed in the summons.

Sections 55 Apropos a summons directed for the accused, no person other than a spouse, relative or guardian of the summonsed may receive the summons on his behalf.

Sections 55/1 As for a public prosecution, should a summons be directed by the court to a prosecution witness without any means of service specified, the public prosecutor shall be charged with the duty to entrust the chief inquirer of the locality to serve the summons upon the witness, secure appearance of the witness on the date designated and without delay report the outcome of the service to the court and the public prosecutor. Fearing that the witness would be unable to attend court or that it would be difficult to bring the witness to the court on the date fixed, the public prosecutor shall apply to the court for the taking of evidence in advance pursuant to section 173/2, paragraph 2.

The official undertaking the service shall be entitled to have his outlays recompensed according to the rule issued by the Ministry of Justice with approval of the Ministry of Finance.

Section 56 If the summonsed is residing in any locality other than the place where the summons is issued, the summons shall be sent over, if issued by any court, to the other court or, if issued by any administrative or police official, to the other administrative or police official empowered to issue summonses in the locality where the summonsed is. The court or administrative or police official receiving the summons shall endorse it and serve it upon the summonsed.

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