After a conviction, a sentence is imposed. In most cases, the judge decides the sentence, but in some jurisdictions the verdict is decided by the jury, especially in the case of capital crimes. Once an indictment or information has been filed with the trial court, the accused is summoned to appear. At the time of indictment, the accused is informed of the charges against him, the rights of the accused and invited to plead the prosecution. Sometimes an admission of guilt is the result of negotiations between the prosecutor and the accused. When the grand jury system is used, the grand jury can also investigate criminal activity in general and issue charges called grand jury originals that initiate criminal prosecutions. These investigations and charges are often used in drug and conspiracy cases involving complex organizations. Following these charges, law enforcement agencies are attempting to arrest and apprehend the suspects named in the indictment. The Thai judicial system consists of three levels of courts: the Courts of First Instance, the Court of Appeal and the Supreme Court. All proceedings must be heard by a court of first instance. In general, the law provides that all court proceedings are conducted in open court and in the presence of the defendant.
Congress has also established a criminal justice system at the federal level to respond to federal crimes such as bank robbery, kidnapping, and transportation of stolen goods across state borders. This document is intended to give you basic information on how the Thai criminal justice system works. It does not replace legal advice that can only be provided by a licensed lawyer in Thailand. It should also be read in conjunction with the Handbook for Canadians Imprisoned Abroad. The following description of criminal and juvenile justice represents the most common sequence of events in response to serious criminal behaviour. Many of the services needed to prevent crime and keep neighbourhoods safe are provided by non-criminal justice agencies, including agencies that focus on public health, education, welfare, public works and housing. Citizens, as well as public and private sector organizations, have partnered with criminal justice agencies to prevent crime and make neighbourhoods safer. It includes crime prevention as well as participation in the criminal justice process once a crime has been committed. Private crime prevention is not limited to providing private security or burglar alarms or participating in neighbourhood surveillance.
It also includes a commitment to stop criminal behaviour by not engaging in or tolerating it when committed by others. In cases where the juvenile court remains competent, the case may be dealt with formally by filing a petition for delinquency or informally by redirecting the juvenile to other authorities or programmes instead of subsequent court proceedings. The flowchart of events in the criminal justice system (shown in the diagram) updates the original diagram created by the Presidential Commission on Law Enforcement and Administration of Justice in 1967. The graph summarizes the most common events in criminal and juvenile justice, including entry into the criminal justice system, the prosecutor`s office and pre-trial services, decisions, convictions and sanctions, and corrections. This is followed by a discussion of events in the criminal justice system. The decision to plead “guilty” or “not guilty” rests solely with the accused. In the event that the defendant pleads guilty, the law allows the court to reduce the sentence by up to half. The Public Prosecutor`s Office does not have the authority to recommend the sanction. The legal system also does not provide for negotiations or guilty pleas to a lesser charge. In cases where the Public Prosecutor`s Office orders criminal proceedings against the alleged offender, the Public Prosecutor`s Office initiates criminal proceedings against the alleged offender in court. The alleged perpetrator, now referred to as “the accused”, will be taken from jail to court one working day after the criminal complaint is filed to receive a copy of the criminal complaint. If the defendant has already hired a lawyer, they may not know that the defendant has been brought to justice.
You should make an effort to keep your lawyer informed if you are brought to court. The Government of Canada will work to ensure that you are not punished for being a foreign national and that you are not discriminated against or denied justice because you are Canadian. However, they cannot claim preferential treatment for you or attempt to exempt you from due process under local law.
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