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Dave The Dude
Guest
Criminal Law in Thailand Part 13 - Police internal procedures that protect you
Last time we talked about how you would complain if you were treated improperly by the police in an arrest or other situation. In short, there are several ways, including a simple explanation of what happened to the superior of the officer you're complaining about. And remember, if you're arrested the police have to provide an interpreter if you don't speak Thai, so you can make the complaint yourself.
This time we'll explain what happens when a complaint is lodged.
No matter how the process is initiated, the superior of the officer against whom the complaint has been made must conduct a primary investigation to determine whether there is enough evidence to take administrative action against the police officer.
The superior officer must then make one of three possible decisions:
- That the officer is innocent and that no penalty should be imposed;
- that the officer has committed a minor infraction of police procedure and impose a penalty, or;
- that the officer has committed a major infraction of police procedure and a committee of police officers must be formed to formally investigate, afford the accused officer his or her rights and impose a penalty, if this is warranted.
All of the above must be reported to the commanding officer of the superior of the officer complained against. It must also be reported to the Commissioner General. Both the commanding officer and the Commissioner General have the right to decrease or increase the penalty imposed, within the limits of the law.
What penalties can be imposed against a police officer for violating police rules for protecting those arrested and otherwise denying members of the public their rights? Here are the options:
- Probation. This is noted in the offender's personnel file and may result in dismissal if the offender commits offences in the future.
- Additional work in addition to regular duty, such as guard duty, not exceeding six hours a day.
- Being placed under guard.
- Detention in one place in police custody, not exceeding six hours a day.
- A pay cut.
- Discharge. Laying the offender off the police force, but with the normal termination benefits.
- Firing the offender. If the offender is fired he or she does not receive normal benefits for being terminated and cannot be rehired as a government employee.
Some of the above punishments can be combined. For example, an officer can be confined to the police station and compelled to perform public service or extra police duties without pay, provided such punishment doesn't exceed six hours a day.
You may be wondering who cares what happens to an officer who violates my rights, as long as he or she is punished? We've explained the penalties above to show you how the administrative route, in additional to suing or prosecuting the offending officer, is a real deterrent. Nobody wants to be complained about on the job, or fired. These penalties mean police officers in Thailand must think twice before denying you your rights.
Next we'll summarise what to do when you're arrested and your options if you feel you are not treated properly. Then we'll move on to other criminal problems you may face in Thailand.
Last time we talked about how you would complain if you were treated improperly by the police in an arrest or other situation. In short, there are several ways, including a simple explanation of what happened to the superior of the officer you're complaining about. And remember, if you're arrested the police have to provide an interpreter if you don't speak Thai, so you can make the complaint yourself.
This time we'll explain what happens when a complaint is lodged.
No matter how the process is initiated, the superior of the officer against whom the complaint has been made must conduct a primary investigation to determine whether there is enough evidence to take administrative action against the police officer.
The superior officer must then make one of three possible decisions:
- That the officer is innocent and that no penalty should be imposed;
- that the officer has committed a minor infraction of police procedure and impose a penalty, or;
- that the officer has committed a major infraction of police procedure and a committee of police officers must be formed to formally investigate, afford the accused officer his or her rights and impose a penalty, if this is warranted.
All of the above must be reported to the commanding officer of the superior of the officer complained against. It must also be reported to the Commissioner General. Both the commanding officer and the Commissioner General have the right to decrease or increase the penalty imposed, within the limits of the law.
What penalties can be imposed against a police officer for violating police rules for protecting those arrested and otherwise denying members of the public their rights? Here are the options:
- Probation. This is noted in the offender's personnel file and may result in dismissal if the offender commits offences in the future.
- Additional work in addition to regular duty, such as guard duty, not exceeding six hours a day.
- Being placed under guard.
- Detention in one place in police custody, not exceeding six hours a day.
- A pay cut.
- Discharge. Laying the offender off the police force, but with the normal termination benefits.
- Firing the offender. If the offender is fired he or she does not receive normal benefits for being terminated and cannot be rehired as a government employee.
Some of the above punishments can be combined. For example, an officer can be confined to the police station and compelled to perform public service or extra police duties without pay, provided such punishment doesn't exceed six hours a day.
You may be wondering who cares what happens to an officer who violates my rights, as long as he or she is punished? We've explained the penalties above to show you how the administrative route, in additional to suing or prosecuting the offending officer, is a real deterrent. Nobody wants to be complained about on the job, or fired. These penalties mean police officers in Thailand must think twice before denying you your rights.
Next we'll summarise what to do when you're arrested and your options if you feel you are not treated properly. Then we'll move on to other criminal problems you may face in Thailand.