Criminal Law in Thailand Part 35: Visa and other workplace implications if

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Dave The Dude

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Criminal Law in Thailand Part 35: Visa and other workplace implications if
you are convicted
















What happens if you're convicted of a crime in Thailand?
Will it affect your job? Your visa? Let's start with your business first. In
general, conviction of a crime isn't necessarily a bar to working in Thailand.
Whether in practice you will be prevented from working depends on the nature of
the crime.


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Let's start with the kinds of crimes that may bar you from working. It is
important to understand the crimes of dishonesty, which often give rise to
problems with employment. They are:


Theft. The taking and carrying away of the personal property of another,
punishable by a maximum of three years imprisonment and a fine.


Snatching. Committing theft by quickly grabbing from a victim, punishable by
a maximum of seven years imprisonment and a fine. There are related offences,
such as snatching that causes bodily harm or snatching that causes death and
these offences result in greater penalties.


Robbery. Committing theft by violence or threat of violence for various
specific reasons, punishable by a maximum of 10 years imprisonment and a fine.
Again, there are related, aggravated offences that result in higher
sentences.


Gang robbery. If three or more people commit robbery together, there are
penalties greater than those for robbery. There are also related, aggravated
offences related to this crime, for example if the robbery results in someone's
death.


Obtaining property under false pretences under section 341 of the Criminal
Code. Where dishonesty or concealment results in the perpetrators getting title
to the victim's goods, the maximum penalty is three years imprisonment and a
fine.


Misappropriation. Sometimes called embezzlement, this is where the
perpetrator is given lawful possession (but not title) of the property and then
converts it for his or her own use. For example, where a customer of a bank
gives the manager money for deposit, and the manager then uses it for his or her
own use, this is misappropriation. The maximum penalty for this is three years
imprisonment and a fine.


Here are the companies for which imprisonment for a crime of dishonesty will
prevent employment:


Public companies, those traded on the Stock Exchange of Thailand, cannot have
directors who have been imprisoned for crimes of dishonesty.


Insurance companies cannot have managers, officers, directors or people with
management authority who have been imprisoned for crimes of dishonesty.


Banks, financial institutions, securities companies and finance companies
cannot have directors, managers or employees with management authority or
advisers who have been imprisoned for crimes of dishonesty.


Generally, other than the jobs mentioned above, Thai law doesn't prevent
someone who has been convicted of a crime from doing practically any other job
in the private sector.


Let's talk about visas in connection with criminal convictions. There is no
law or regulation in Thailand that automatically provides for revocation of a
visa or work permit upon conviction of a crime. Section 12 of the Immigration
Act, BE 2522 (1979), however, prevents certain foreigners from entering or
departing the Kingdom. Included in this group would be foreigners who:


Have been imprisoned as a result of conviction of a major crime in Thailand
or elsewhere.


Display behaviour that would indicate danger to the public or a threat to
national security.


Entered Thailand for the purpose of being involved in prostitution, human
trafficking, drug or other smuggling contrary to public morality.


In the view of the minister of the interior are a threat to the national
welfare or peace, culture or morality.


In short, the immigration authorities may, for the above reasons, either
revoke an existing visa or not renew one that has expired.


In practice, any foreigner who has been convicted in Thailand of crimes
involving prostitution, human trafficking or drugs can expect to have his or her
visa pulled. Other crimes tend to be assessed on a case-by-case basis. In other
words, whether to renew the visa of someone so convicted, the immigration
officer reviewing the case has a lot of discretion.


As to the work permit, there is no law or regulation that would prevent
someone convicted of a crime from obtaining or retaining one. To do so, though,
the permit holder has to have a valid non-immigrant B visa. If the visa is lost,
as it might be for conviction of the crimes mentioned above, the work permit
will not be renewed.


James Finch of Chavalit
 
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