Translation:Act Amending the Criminal Procedure Code (No. 29), 2551 BE

Act Amending the Criminal Procedure Code (No. 29), 2551 BE (2008)
National Legislative Assembly of Thailand (2006), translated from Thai by Wikisource

1227729Act Amending the Criminal Procedure Code (No. 29), 2551 BE2008National Legislative Assembly of Thailand (2006)

Act
Amending the Criminal Procedure Code (No. 29),
2551 BE

Bhumibol Adulyadej R
Given on the 31st day of January 2551 BE
Being the 63rd year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Criminal Procedure Code;

Therefore, by and with the advice and consent of the National Legislative Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section⁠1.⁠This Act is called the "Act Amending the Criminal Procedure Code (No. 29), 2551 BE".

Section⁠2.⁠This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section⁠3.⁠The stipulations of section 20 of the Criminal Procedure Code shall be repealed and replaced by the following stipulations:

"Section⁠20.⁠If an offence punishable under the Thai law has been committed outside the Kingdom of Thailand, the Attorney General or person acting as such shall become the inquiry official in charge or he may delegate such a duty to any public prosecutor or inquiry official, authorising the latter to take charge of the inquiry on his behalf.
In the event that the Attorney General or person acting as such authorise any inquiry official to take charge of the inquiry, the Attorney General or person acting as such may authorise any public prosecutor to participate with the inquiry official in conducting the inquiry.
The public prosecutor authorised to take charge of the inquiry or to participate with an inquiry official in conducting the inquiry shall have the same powers and duties of inquiry as the inquiry official does. All the other powers and duties provided by the law shall become the powers and duties of the public prosecutor.
In the event that the inquiry is conducted by the participation of a public prosecutor and an inquiry official, the inquiry official shall follow the orders and advice given by the public prosecutor with respect to the collection of evidence.
In the event of necessity, the following inquiry officials have the power to carry the inquiry on whilst awaiting order from the Attorney General or person acting as such:
(1)⁠the inquiry official in whose jurisdiction the alleged offender was arrested;
(2)⁠the inquiry official called upon by the government of the foreign country which or the person who has been injured to bring the alleged offender to punishment.
When the public prosecutor or inquiry official, as the case may be, who is in charge od the inquiry, finds that the inquiry is finished, he shall make an opinion according to section 140, section 141, or section 142, and send it together with the file to the Attorney General or person acting as such."

Countersignatory:
General Surayud Chulanont
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas it is appropriate to amend the criteria governing the inquiry into an offence punishable under the Thai law which has been committed outside the Kingdom according to section 20 of the Criminal Procedure Code, by empowering the Attorney General or person acting as such to delegate the duty to serve as the inquiry official in charge to a public prosecutor or inquiry official or to authorise a public prosecutor to participate with an inquiry official in conducting the inquiry, so that the inquiry into the said offence would be more expeditious and efficacious; it is therefore necessary to enact this Act.

Bibliography edit

"Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Withi Phicharana Khwam Aya (Chabap Thi Sam) Phoso Song Phan Ha Roi Hasip Et" [Act Amending the Criminal Procedure Code (No. 29), 2551 BE]. (2008, 7 February). Ratchakitchanubeksa [Royal Gazette], 125(30A), 16–18. (In Thai).

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;'

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

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Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

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