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Arrested in Thailand: Pre-Trial Detention "Up to 84 Days"?
Transcript of the above video:
As the title of this video suggests, we are discussing matters pertaining to arrest and detention in Thailand. Let's just jump in here. I thought of making this video after reading a recent article from The Pattaya News, that is thepattayanews.com, the article is titled: Details Emerge on Former Australian Trucker, Main Suspect in Brutal Murder of Thai Teen Girl in Pattaya, Describe by Neighbors as Loner, Detached, "Slow".
I'm not going to get into the thrust of this article or the details of the tragic circumstances involving the loss of this 17-year-old girl here in Thailand, supposedly at the hands of this foreign national. Again, the evidence is adding up pretty squarely in that column, but again, it remains alleged as of the time of this video. That said, I'm making this video as a teaching point regarding certain aspects of detention in Thailand, how long one can be detained without even charges being brought.
Quoting directly: "Thai Authorities have up to 84 days to complete their investigation before formal Court proceedings advance. The case continues to unfold as both victims' grieving family and investigators seek answers." So, as you can see, one can be detained for almost 90 days before proceedings even begin. Now there is preliminary arraignment associated with cases in Thailand. So yes, there is an ability initially to seek bail. And in this case, it does not appear that bail is going to be granted, and it doesn't look like bail is going to be granted under any circumstances.
But long story short yeah, unlike many other jurisdictions, one can be detained for quite a period of time here in Thailand without actual formal proceedings even commencing. So, yet another reason to be on one's best behaviour when you are in Thailand, because again, notwithstanding the fact that it feels pretty free and easy, out on the streets if you will, if you do get into some kind of legal trouble for something serious enough, one could find themselves detained for months on end without actually seeing proceedings begin as the investigation is underway. So again, that is not an insubstantial amount of time and it is a dissimilar system if you will from other systems throughout the world. Well, makes sense. Thailand was never colonized; their system is their own. It is what it is.
Those who find themselves dealing with legal matters in a criminal context here in Thailand, may be fine that there are some benefits to contacting a legal professional, gaining some insight and guidance into how best to proceed.
