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Royal Thai Gazette Announcement Regarding Asset Forfeiture in Thailand

The following is a translation of a recent announcement in the Royal Thai Gazette regarding asset seizure in Thailand and procedures associated therewith. For the original publication in Thai please click HERE.

Announcement of the High Court

Regarding Criteria and conditions on confiscating assets of accused persons

On 24 November 2017

1. This announcement is called “Criteria and conditions on confiscating assets of accused persons”

2. Announcement is effective from date of announcing

3. Meaning of “convict to be fined” is a person who is convicted and has not paid the fine according to the court’s order

“inspecting of assets” – investigating and finding assets that can be confiscated

4. When a court order has been issued, the officials can go and look for the assets of the person who has not paid the fine according to the regulations in this announcement.

5. In checking the assets, a list must be made by the officials of the persons who must pay the fines according to the court order. The case will  be handled as follows:

1. check for immoveable assets

a. send a notification to the land department in the area in which the convicted person lives or has lived to check ownership in land, buildings etc.

b. send a notification to the land department about assets other than those in (a)

2. Check for assets of the convicted person that are in the authority of the BOT such as government bonds, to do a letter to BOT.

3. Check for assets in savings accounts such as long term deposits, savings accounts, etc. to do a letter to the Banks involved.

4. Check moveable assets or SET assets to do a letter to agencies or institutions involved.

5. Check moveable assets that are registered such as machinery, cars, guns etc. to do a letter to the registration office.

6. In order to make it most beneficial to the Government asset re-checking, other than 1 – 5,  other letters can be issued to other parties as seen appropriate.

7. In checking assets of the criminal, in checking the facts, if wrongful facts are given by those mentioned in 5 and 6, the court officials can use มาตรา section 16 of the attorney constitution law to make a case against those person in order to get the correct facts.

8.  When all assets have been checked, a list must be made and registered in the data bank of the Attorney’s office. 

9. If it is found that assets can be seized, to pay the fine, then it should be carried out.

10. Forms which are used must be as stipulated by the Attorney’s office.

11. If it is not stated in this regulation, use the regulation that does not contradict this regulation.

12. The Attorney General has the final say on any problems.

13. The Attorney General is in charge of this announcement and can make changes etc.

Please note that the above translation is intended for informational purposes only and does not reflect a nuanced legal interpretation of the underlying language upon which legal opinions can be based.