The criminal process in Thailand

If you or someone you know is accused of a crime in Thailand, the process below is the map. Get a licensed Thai criminal lawyer involved at the earliest possible moment — and contact your embassy if you are a foreigner in custody.

From arrest to court

1. Arrest / accusation. Police can arrest with a warrant, or without one in limited situations (in-the-act offences). You have the right to be informed of the charge, to contact a lawyer and a relative, and to an interpreter.
2. Police investigation. The inquiry officer takes statements and evidence. Do not sign documents you cannot read — ask for a translation.
3. Detention and bail. Police detention is short; longer detention needs court remand extensions. Bail is routinely granted for most offences against security (cash, bank guarantee, or property deeds), though it can be refused for serious charges or flight risk.
4. Prosecutor. The public prosecutor decides whether to indict. In Thailand, private criminal prosecutions are also possible — an alleged victim can file a criminal case directly with the court, which then holds a preliminary hearing.
5. Trial. Career judges, no jury, proceedings in Thai. Guilty pleas typically earn substantial sentence reductions — commonly up to half.
6. Appeal. Both conviction and sentence can be appealed within short deadlines, and then to the Supreme Court in limited circumstances.

Laws that surprise foreigners

• Criminal defamation. Defaming someone — including online reviews and social posts — can bring criminal charges, not just a lawsuit. Truth is a defence only in limited public-interest circumstances.
• Computer Crime Act. Posting “false data” online carries criminal exposure and is frequently charged alongside defamation.
• Lèse-majesté (Section 112). Insulting the monarchy is a grave offence with long sentences. There is no safe way to test the line — do not.
• Drugs. Penalties remain severe, especially for trafficking quantities. Cannabis rules have shifted repeatedly since 2022 — assume regulation is in flux and check the current status before touching anything.
• Gambling, e-cigarettes, some drones/imports — all more restricted than newcomers expect.