Thailand Criminal Procedure Code Sections 57-65

Chapter 2

Criminal Warrants

Part 1

General Rules

Section 57 Subject to the provisions of Section 78, Section 79, Section 80, Section 92 and Section 94 of this Code, may arrest, imprison, imprison or search a private place for persons or things. A court order or warrant is required for that.

A person who is detained or imprisoned according to a court warrant. They can be released only when there is a court release warrant.

Section 58 The court has the power to issue orders or criminal warrants within its jurisdiction in accordance with the rules and procedures specified in the regulations of the President of the Supreme Court.

Section 59 The court may issue an order or arrest warrant, search warrant or detention warrant as the court deems appropriate or upon request.

In the case where the requester is an administrative or police employee must be an administrative employee at level three or a police officer with a rank of police lieutenant or equivalent or higher.

In the case of urgent necessity where there is reasonable cause and the applicant is unable to go to the court. The requester may make a request to the court by telephone, fax, electronic media or other types of information technology media that are appropriate to request the court to issue an arrest warrant or search warrant. In such a case, when the court inquires until it appears that there are grounds to issue an arrest warrant or search warrant in accordance with Section 59/1 and an order has been issued to issue such warrant. A copy of this warrant shall be sent to the requester by facsimile electronic media or other types of information technology media, in accordance with the criteria and procedures specified in the regulations of the President of the Supreme Court.

When the warrant has been issued according to paragraph three the court shall arrange for the person involved in the request for the warrant to appear before the court to take an oath without delay. By recording the words of said person and signing the name of the court that issued the warrant. Or you can use a voice recorder by arranging for the transcript to be written and signed by the court issuing the warrant. The record has been signed and certified as above. To be kept in the court directory. If it later appears to the court that the warrant was issued in violation of the provisions of the law the court may order to revoke or amend such warrant. The court may also order the requester to make corrections to remedy the damage caused to the person concerned as it deems appropriate.

Section 59/1 Before issuing a warrant, reasonable evidence must appear that leads the court to believe that there are grounds to issue a warrant under Section 66, Section 69 or Section 71.

Court order to issue a warrant or dismiss a petition the reason for the order must also be stated.

The criteria for submitting requests, considering them, and issuing orders shall be in accordance with the criteria and procedures specified in the regulations of the President of the Supreme Court.

Section 60 Arrest warrant, search warrant, detention warrant, imprisonment warrant or release warrant. Must be in writing and contain the following information:

(1) The place where the warrant is issued;

(2) Date of issuance of the warrant;

(3) The reason for issuing the warrant;

(4) (a) In the case of issuing an arrest warrant The name or description of the person to be arrested must be specified;

(b) In the case of issuing a warrant of detention, a warrant of imprisonment, or a warrant of release the name of the person who will be detained, imprisoned, or released must be named;

(c) In the case of issuing a search warrant specify the location to search and the name or description of the person or the nature of the item to be searched Set a date and time to search and the name and position of the officer who will conduct the search;

(5) (a) In the case of issuing an arrest warrant, detention warrant or search warrant, specify the offense or methods for safety;

(b) In the case of issuing a jail warrant specify the offense and determine the punishment according to the judgment;

(c) In the case of issuing a detention or imprisonment warrant Specify the place where they will be detained or imprisoned;

(d) In the case of issuing a release warrant Specify the reason for release;

(6) Signature and seal of the court;

Section 61 Subject to Section 97, administrative officials or police have the power and duty to take action in accordance with the criminal warrant which was given or sent to be dealt with within his power

Any criminal warrant, issued by the Court, will be given or sent to an administrative or police official within the jurisdiction of the court as specified in the warrant or to the chief administrative officer or police officer of the province, district, sub-district, or sub-district, who may arrange for it to be in accordance with the warrant.

In the latter case, the officer who received the warrant is responsible for handling the warrant. You can handle it yourself or order subordinate officials to handle it for you or may give or send a copy of the warrant certified as correct to another administrative or police officer who is responsible for dealing with the warrant which he or she has received. If the warrant has been given or delivered to two or more officials the officers may handle the warrant separately or jointly.

Section 62 Subject to the provisions of this code regarding arrest and search. The managing officer under the warrant must inform the relevant persons of the contents of the warrant. And if there is a request send the letter to him for inspection.

The notification of message in the warrant the sending of the warrant for inspection and the date of such arrangement shall be recorded in the warrant.

Section 63 When the official has dealt with the criminal warrant keep a record of the details of that arrangement, if the execution of such warrant is unable to make, such circumstances shall be record, and then send the record to the court that issued the warrant without delay.

Section 64 If the person named in the criminal warrant is arrested or the person or thing for which there is a search warrant has been discovered. If it is possible to do so, such person or thing shall be sent immediately to the court that issued the warrant or to the official specified in the warrant, as the case may be, unless otherwise ordered.

Section 65 If the person arrested under a warrant escapes or has someone to help him escape, the arresting officer has the power to pursue and arrest that person without another warrant.

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