The research on “Thailand Criminal Law and Procedure” has been conducted according to the scope of work under the June 15th, 2012 Research Agreement between Korean Institute of Criminology (KIC) and Ms. Benjaporn Watcharavutthichai, Public Prosecutor of Thailand Office of the Attorney General (the OAG) whom assigned by the OAG to be a Researcher for a Joint Research Project conducted as a mission under the Memorandum of Understanding, dated July 1st 2011 between the KIC and the OAG. The objectives of the research work are to present a general introduction, summary and outline of the Thailand Criminal Law and Procedure, and to serve the purpose of the distribution of sufficient background knowledge pertaining to Thailand Criminal Law and Procedure in the Republic of Korea. Therefore, the methodology of this research work is in the style of ary research based on various resources such as statutes, legal text books, legal journals and judicial precedents. This paper intends to cover overall ideas of Thailand criminal law and procedure, rather than to place deep attention on any specific topic.
The research work is classified into seven chapters. The first chapter “Background of Thai Legal System” introduces basic knowledge about the history of Thai legal system and development of Thai Criminal Law, major sources of law, and legal education and professions in Thailand. In Chapter II “Classification of offences under Thai Criminal Law”, it provides with basic criminal offences, either under the Criminal Code or other special laws that often been prosecuted. Some statistics of the prosecuted cases are presented to show the figures of some major crimes in Thailand. Then, some selected issues on criminal offences are to be discussed.
The most critical part of the research paper is Chapter III “Principles of Criminal Liability under Thai Criminal Law”. In there, core principles as to criminal liability under Thai Criminal Code such as application of criminal law, requisite external conducts and mental state, lawful defenses, principle of causation as well as types of punishment are explained and some relevant judgments of the Supreme Court are to be discussed.
Next, the introduction of criminal procedures in Thailand has been provided in the three following chapters. Start with Chapter IV “Structure and Organization of the Criminal Justice Administration”, it presents basic knowledge about core organizations dealing with criminal justice administration in Thailand: police, public prosecutions, courts, corrections and probation. Followed with Chapter V “Pre-trial Criminal Procedure” and Chapter VI “Trial Process”, these two chapters address comprehensive knowledge as to the criminal procedures from the time when a crime has been found to the adjudication of the case by the Courts. Some charts and diagrams are additionally presented for easy explanations.
The last chapter “Some Current Issues on Restorative Justice in Thailand” addresses current philosophy of restorative justice that has much influence on development of law and procedures in Thailand nowadays. The two fruitful schemes based on the idea of restorative justice introduced in Thailand recently - drugs rehabilitation scheme and scheme for a person committed domestic offence - are briefly discussed.

Preliminary Note

1. The year on Thai Statutes and official s are sometimes given in the Buddhist Era (B.E.) based on the Thai solar calendar. It can be calculated to be Anno Domini (A.C.) as follows: Anno Domini (A.C.) = Buddhist Era (B.E.) - 543
For examples, A.C. 2012 is equivalent to B.E. 2555 (2555 - 543 = 2012)

2. “Dika” means judgments of the Supreme Court.

3. Some useful definitions under Thai Criminal Code and Criminal Procedure

Code: Criminal Code (CC), Section 1
- “Dishonestly” means to acquire any advantages, for himself/herself or for other persons, to which he/she is not entitled to by law.
- “Dwelling” means a place used for a purpose of dwelling such as a house, building, boat, floating house in which persons dwell including areas of such dwelling irrespective of whether it is fenced or not.
- “Weapons” includes anything which is not a weapon by nature but it is used or with intent to use as a weapon for causing grievous bodily harm.
- “Harm” means to harm against the body or mind of a person whether it is done by physical force or by any other means including any act causing a person to be under a state of being unable to resist whether it is done by drugs causing intoxication, by hypnotism or by any other similar means.
- “Custody” means holding in custody, detention, confinement or imprisonment

The Criminal Procedure Code (CPC), Section 2
- “Alleged Offender” means a person who is alleged to have committed an offence but has not yet been prosecuted in Court.
- “Accused Person” means a person who has been prosecuted in Court, alleging that such person had committed an offence.
- “Injured Person” means a person who has been injured by the commission of an offence; this shall include the persons who are entitled to act on behalf of such person.
- “Complaint” means an action made by an injured person alleging to an official under the CPC that a person has committed an offence causing damage to the injured person, with an intention to have the offender punished, regardless of whether such offender could be identified or not.
- “Denunciation” means an action made by a person other than the injured person alleging to an official that a person regardless of whether such person can be identified or not, had committed an offence.
- “Investigation” means collection of facts and evidence which was conducted by an administrative or police official under his powers and duties in order to maintain public order and to obtain details of a commission of offence.
- “Inquiry” means collection of evidence and performance of any proceedings under provisions of the CPC which an inquiry official conducts in relation to a commission of offence, in order to obtain facts or to establish guilt and in order to have the offender prosecuted in Court.
- “Preliminary Examination” means a court proceeding conducted in order to establish prima facie case against an accused person.
- “Plaintiff” means a public prosecutor or an injured person who brings a criminal case into Court or both, in case that the public prosecutor and injured person join in bringing such case.
- “Parties” mean both plaintiff and accused person.
- “Administrative or Police Official” means an official vested by law with power and duty to maintain public order; this shall include a warden, an official of Excise Department, Customs Department, Harbor Department, an immigration officer and any other officials when acting in accordance with arresting or suppressing law offenders whom they have duty to arrest or suppress.
- “Keep in custody” means a restraint or detention of an arrested person by an administrative or police official during investigation or inquiry.
- “Detention” means a detention of an accused person or alleged offender by the Court.

4. The application and implementation of intellectual property rights on this research work shall be construed in accordance with the Research Agreement between the KIC and the Researcher dated June 15th, 2012.