H&P litigation attorneys in Bangkok have represented several individuals as defendants in Thailand across criminal proceedings. The request for temporary release, commonly known as bail, is a process that allows a suspect or defendant in a criminal case to exercise their right to seek release from custody or detention, as ordered by the court.
The request for temporary release may be submitted to the inquiry officer, public prosecutor, or the court, depending on the stage of the proceedings. It can be made during the police investigation stage, the prosecution stage, or during court proceedings, including the appeal or supreme court stages. This is in accordance with Section 106 of the Criminal Procedure Code.
Persons who are entitled to file a request for temporary release are as follows:
- The suspect or the defendant
- A related interested party, such as a guarantor or a relative of the suspect or defendant
The consideration of a request for temporary release is at the discretion of the inquiry officer, public prosecutor, or the court, based on various circumstances in accordance with Section 108 of the Criminal Procedure Code, including:
∙ The severity of the charge
∙ The amount and credibility of existing evidence
∙ The overall circumstances of the case
∙ The reliability of the person submitting the request or the offered security
∙ Whether the suspect or defendant is likely to flee
∙ The potential danger or damage that may result from the release
These factors will be considered in deciding whether to grant the temporary release.
In court proceedings, the court must consider Section 108/1 of the Criminal Procedure Code, which requires evaluating whether there are reasonable grounds to believe that the suspect or defendant may:
- Flee from the legal process
- Tamper with or interfere with evidence or witnesses
- Commit any other dangerous acts
- Present an unreliable request or surety
- Obstruct or cause damage to the investigation or trial process
If the suspect or defendant falls under any of the above conditions, the court may decide not to grant temporary release.
In considering a request for temporary release (bail), it is common for suspects or defendants to provide security to ensure they will not flee and will appear before the court as scheduled. This is in accordance with Section 110 of the Criminal Procedure Code. The types of security that may be used are specified in Section 114 of the Code and can be divided into three categories:
- Cash deposit
- Other assets as collateral
- A guarantor who presents collateral on the suspect’s or defendant’s behalf
The principle of temporary release (bail) is grounded in the legal objective of preserving the personal liberty of the accused or defendant. In criminal proceedings, the law presumes that a suspect or defendant is innocent until proven guilty by a final judgment of the court. Therefore, such individuals must not be treated as though they are guilty before a final verdict is rendered, in accordance with Section 29, Paragraph 2 of the Constitution of the Kingdom of Thailand B.E. 2560 (2017).
Accordingly, granting temporary release does not equate to a permanent release. The accused or defendant is still obligated to appear as summoned by the investigating officer, public prosecutor, or the court at every stage of the legal process, so that the proceedings may continue uninterrupted.
The consequence of a suspect or defendant fleeing after being granted temporary release (bail) is that the court will issue an arrest warrant to bring the suspect or defendant back to face trial. Additionally, the court may order the forfeiture of the bail by seizing the security or asset previously provided.
Such fleeing from justice proceedings will also negatively affect any future bail applications, making it more difficult for the suspect or defendant to be granted temporary release again in subsequent proceedings.
It is key to prepare bail applications with solid legal grounds therefore if you need to talk with our litigation team at H&P, please send us an email to [email protected]
