Law and order in Thailand

 What should be righteous for all people has since ancient times been written down in law books, from the stele of Hammurabis to the Civil Codes being in effect in every country today. In most countries of this world laws and jurisprudence are based on the same principles. There are nevertheless even countries, whose jurisprudence is rooted on a very different base. Thus, in some Muslim countries, the law of Sharia is in effect, which will punish robbery with cutting of one hand, and the conversion to Christianity, or the adultery of a woman is still threatened there with death penalty.

 

Thank goodness, we live in Thailand, and the laws of this country are based fundamentally on the same basis as our laws. But this does not mean that the mills of justice, and also the practice of law are identical with what we can expect in our countries when we have to stand one day before a court, whether in a civil process to enforce our right, or in a criminal case, having failed against law. This fact some Farang had to find out to their regret, and will consequently lament the injustice of the Thai Courts.

 

While the laws in Thailand are similar to the laws in our western countries, the practical application or interpretation of the law differs greatly from there. Here one is not always considered as innocent until guilt is proven, but if unlucky, is forced to prove his innocence. The old attorney slogan "law is not what you have, but what you get" applies in Thailand to a much greater extent than at home. Also applies here more than in our countries the old saying "money (power) goes before the law”

 

Let us consider a few serious differences in legal practice. First there is the fact that the police has much more influence to start a legal case than the police in Farang-Land. Each case, whether it is a private fraud affair, a dispute between neighbors, a traffic accident or a murder, will at the begin be handled by the local police station. The protocol written down there is of great importance at a later trial. And here lies the first big problem for the Farang. Because the accused Farang is asked to sign the protocol which he cannot read, as usually no Farang can read Thai script. If no reliable interpreter is at hand, there lies a great risk that by his signature he unwittingly accuses himself.

 

The next problem is the fact that the police in Thailand has open hands, and is often inclined to bend the law, by manipulating the evidence. And there is not at least the innate distrust of strangers, which makes the police emotionally prejudiced towards the Farang, especially if he loudly and without sufficient respect for the authority or officials tries to enforce his assumed right.

 

An important principle of law must be observed by the Farang. When the police has cause to a suspected offense against the law, first he goes to jail if he cannot pay bail. To get his bail back, he must first prove his innocence, and then has to overcome many bureaucratic obstacles.

 

In Thailand the execution of the law is handled a bit differently than in other countries. Under pressure from the government murders of tourists in several cases have been punished by death after a few weeks from the day of arrest, because the government fears a negative impact on the tourist industry caused by these crimes.

 

After an indictment the judge has the opportunity to set bail for the alleged perpetrator. The judge may fix the amount of bail as he determines is necessary. It depends, of course, on the seriousness of the offense, but also on the possibility that the accused will leave the country before the court hearing. And last but not least his presumed ability to pay the fixed amount of bail. At least the two last points are to the disadvantage of the Farang. It would be easier for him to flee the country than for a Thai, and his ability to pay is then judged higher than that of most Thais.

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At trial, the Farang always needs a lawyer. And it must be said that are some major differences between the ethics of a Farang and Thai lawyer. A Thai- lawyer will always collects his payment in advance, but then is often only of minimal assistance to his client, sometimes not even appearing at court hearings. The result of this are then sentences which are incomprehensible for us. In addition similar crimes in Thailand will get significantly higher penalties than in our countries. Drug trafficking and consumption, fraud, sexual abuse of minors and illegal residence, are just as liable to prosecution in Thailand as in Farang countries. But there are significant differences that should be clear for everyone who perpetrates the path of the law. Offenses, for which the culprit in his country will possibly get off with a suspended sentence, may get him a few years in prison in Thailand. However, it is possible in Thailand, concerning crimes such as homicide in a brawl, to make arrangements between the two families affected by the incident, without the matter ever being presented to the prosecutor.

 

The surest way to land in jail is of course the possession of, or even the trafficking of narcotics. One may only be in possession of a few speed tablets (Yabaa), or a few grams of hashish (Gantja) to get a prison sentence. Since Heroin in Europe may be sold for one hundred times the price, one can buy it in the "Golden Triangle", there are always fools, falling for this supposed possibility to make quick money, and try to smuggle heroin from the country, either on their own account or on behalf of an anonymous employer. The arrested heroin smugglers must, however, expect the full severity of the Thai laws for the smuggling of narcotics, as heavy prison sentences up to life, and even the death penalty. In the best case, the sinner will stay several years in Thai prisons, which means staying in hell.  But only if his family is in a position to raise the huge sums required for payment to people who are in position to ensure the case is not prosecuted, a Farang might then avoid going to prison in Thailand. Every sensible Farang will avoid getting involved in such dangerous matters. Nevertheless, it can happen, that for a small offense, which in his country would cost him only a fine, will bring him in jail, and he will need a lot of time and money to get out. Any Farang, who still despite all the warnings engages in illegal activities, must be clear about the usual consequences to be expected in Thailand.

 

If the Farang has an accident with a rented motorbike, where a Thai was serious injured or even killed, if he does not have a Thai with him who knows how to deal with the police, he will be taken to the next police jail without regard to the question of guilt. It then serves no purpose to quarrel with the police, because he feels he is innocent. There is also the language barrier, because tourists don’t speak Thai. He will stay behind bars and only after payment of a deposit will be released. A lawyer is necessary for the clarification of facts, and especially to recover the deposit made at the police station. If during a dispute a Farang beats a Thai, even if both parties are under influence of alcohol the Farang usually goes also to prison, where he will remain, until a bribe is paid to the police, allowing him to avoid any formal charges made against him.

 

In case of a small traffic violation, by putting a 100 or even 500 baht note in the hand of the police officer, one usually will be allowed to leave. If the Farang refuses to pay a small bribe referred to as “Tea Money”, because he believes in the law, or is against the usual Thai custom of bribing, the policeman will issue a penalty ticket, and the vehicle will be put out of service by forfeiture of the ignition key.

 

Also a longer overstay, which means staying in the country without a valid visas, is a sure way to go to jail. For a little overstay of a few days, one will get off with a fine of 500 baht per day. But If the Farang is checked at a control with an expired residence permit, he will go to jail, and must pay a hefty fine to return freely to his country.

 

Another possibility, to come into conflict with the law, is gambling which is banned in Thailand. It has happened that on a beautiful Saturday afternoon some Farang were sitting in front of an open bar playing dominoes with the Bargirls on the counter at 5 baht the game. Suddenly a Thai sitting also on the counter, identified himself as policeman, and everybody, Farang and Bargirls went to the police jail. Being a Saturday they had to sit there for two days, before on Monday a judge came and convicted them to pay large fines. The girls got away with 500 baht per head, but the Farang paid a multiple of that amount - an expensive domino game.

 

Any employment by a Farang without a work permit is threatened with punishment. Even if the Farang owner of a bar gets a glass from the refrigerator for a guest, or issues the bill, or collects the money due to the bar, he is guilty of illegal work, because he has no work permit. The same may happen to him if he cooks for guests, and the police know about this. He is culpable, even if he has a work permit as "manager" of his company.

 

If there is a conviction, even if it's only to a high penalty, then usually also the expulsion and black listing is compulsory. Which means that the re-entry into Thailand is banned, and hence the Farang can forget everything what he has invested here. When convicted and sent to a prison, the Farang will soon learn that Thai prisons are absolutely incompatible with western European prisons. Local police prisons consist mostly of several cells of about 10 sq meters, situated on either side of a centered corridor. The floor is made of concrete, in the corner there is a toilet mostly clogged. The cells are usually hopelessly overcrowded, since not only the little wrongdoers will be locked there for a few days, but all murderers, thieves, drug smugglers will be jailed there until they are transferred to the county jail. When sleeping on the concrete floor one has either the unwashed feet of neighbors in his face, or serves as a pillow for several roommates. It stinks and it is intolerably hot. For eating, he gets twice daily a handful of rice with some meat and vegetables or a piece of bad smelling fish. Anybody who has spent a few days in such a hotel is inclined to pay any sum to be able to leave.

 

About the situation in the regular prisons some stories in which convicts are jailed have already been published, they read like reports from the middle Ages. Prisoners with serious penalties carry day and night heavy chains around their ankles. However, it is also here as elsewhere in Thailand, the standard conditions can be improved by appropriate payments to the guards. This requires that there is someone outside the prison, who is willing and able to raise the necessary funds.

 

Anyone who comes to Thailand as a tourist must be aware that during his stay here in the country the Thai legal norms and practices are valid for him, and he or she must obey all laws of the kingdom. In case of violating any laws, it is of no use to have had no knowledge of them. Above all, every Farang who is considering to relocate to Thailand must be aware, that he thereby gives up the protection by the laws of his country, and that for him fully apply not only the legal rules in this country, but also the way they are handled. This applies as well to private legal matters, as to violations of the criminal laws. Every Farang, who despite all the warnings does something against the laws of these countries, must be aware that he is in Thailand and will suffer the usual consequences.