D
Dave The Dude
Guest
CRIMINAL LAW IN THAILAND Part 64: Citizen's arrest II
Last time we talked about citizen's arrest. We explained that a private citizen, or even a foreigner, can arrest someone for committing a crime in Thailand and hand the perpetrator over to the police, under two conditions, which both have to apply:
- When the crime is one for which the law permits citizen's arrests. These include prisoner escape, rioting, offences against public security or health, counterfeiting, rape, causing death, including murder, causing bodily harm, kidnapping, theft, robbery and extortion.
- When the crime is ''flagrant'' _ either committed in the presence of the person making the arrest or immediately after the commission of the crime when the arresting person is positive about who is responsible.
Please note that community volunteers, even those in uniform volunteering with the police, can only make citizen's arrests.
For example, if a police volunteer is told of a crime that occurred yesterday, he can't make an arrest because citizen's arrests only apply to offences under way or those that have just happened.
The volunteer would have to report the information to a police officer, who could then make an arrest.
An exception to this is when the volunteer is under the direct supervision of a police officer.
May a private citizen use force to effect an arrest? If the arrest is proper and the person who is being arrested attempts to evade capture, the citizen may use suitable, non-deadly force to apprehend the perpetrator. For example, let's say you see a robbery in progress and step in to arrest the perpetrator. He shoves you away and tries to run. You would be within your rights to chase this person, hold him and force him to go to a police station. You would not be within your rights to stab and kill him, even if he resisted arrest, because doing so would involve deadly force, which is not allowed.
What if, in the above example, the robber doesn't run when you intervene, but pulls a knife and tries to stab you? Under Section 68 of Thailand's Criminal Code, the person making the arrest is justified in using even deadly force if the perpetrator resists arrest in a way that threatens the life of the person making the arrest So in this scenario if you, as the arresting party, retaliated with a knife, you wouldn't be breaking the law.
But what if you overreacted? What if, in the above example the perpetrator reached in his pocket when you intervened? You thought he was going for a knife, so you stabbed him first. It turns out he was going for his phone, to call his lawyer. You could be held responsible for using deadly force without justification, but a judge would have broad discretion as to the punishment. Under Section 69 of the code, the judge has the discretion to excuse you from any punishment.
Here's another example involving the level of force that would be suitable. You are standing in a crowded playground. A schoolboy grabs a purse from a little girl and tries to run. You intervene. Could you knock him unconscious with a baseball bat? No, because this would be unnecessary under the circumstances. Instead you would be justified in using reasonable force, perhaps holding and restraining him, so that he could be taken to the police station.
What if the citizen's arrest is completely unjustified? For example, what if, in the example above, the schoolboy is the little girl's brother and their mother has asked him to find her purse. The little girl has it and the boy is just taking it to return it to his mother. If the arrest is unjustified, the person arrested has the right to resist arrest in a suitable, non-deadly way. Thus, in the example, if you were trying to grab the boy, he could struggle and push you away. But he couldn't pull out a knife and stab you, even if he were innocent, because this would not be an appropriate response to what you have done and it could be fatal for you.
Once an alleged perpetrator has been arrested by a private citizen, what happens next? Unlike when an arrest is made by a police officer, the detainee doesn't have to be given any information at the scene. He or she can't be detained in any private location and must be taken immediately to a police station. An official on duty must take a statement from the private citizen making the arrest. The prisoner has several rights at this stage, including:
- Calls, at government expense, to relatives, friends or a lawyer.
- Meetings with anyone, including a lawyer.
- Having friends, relatives or a lawyer attend any questioning by officials.
- Being treated for any urgent medical condition.
- Being told of the right to make a statement, but that the statement may be used in evidence.
The above situations are those in which a private citizen encounters a crime. There is, however, another situation where a private citizen can make an arrest. It's when a private citizen is requested to assist a government official to execute an arrest warrant. This can happen in two ways:
- At the scene. For example, a single police officer is trying to arrest a gang of drug dealers. The gang turns on him. The officer could ask private citizens in the vicinity to help.
- Using volunteers from another location. For example, in a situation where an officer is at the police office and, in an emergency, knows he or she will have to make a number of arrests, perhaps in connection with a riot. The officer could ask private citizens, including government officials not normally charged with arrests, to assist with the arrests. An officer could not force private citizens to endanger themselves by assisting.
- Published: 23/10/2011 at 12:00 AM
- Newspaper section: Spectrum
Last time we talked about citizen's arrest. We explained that a private citizen, or even a foreigner, can arrest someone for committing a crime in Thailand and hand the perpetrator over to the police, under two conditions, which both have to apply:
- When the crime is one for which the law permits citizen's arrests. These include prisoner escape, rioting, offences against public security or health, counterfeiting, rape, causing death, including murder, causing bodily harm, kidnapping, theft, robbery and extortion.
- When the crime is ''flagrant'' _ either committed in the presence of the person making the arrest or immediately after the commission of the crime when the arresting person is positive about who is responsible.
Please note that community volunteers, even those in uniform volunteering with the police, can only make citizen's arrests.
For example, if a police volunteer is told of a crime that occurred yesterday, he can't make an arrest because citizen's arrests only apply to offences under way or those that have just happened.
The volunteer would have to report the information to a police officer, who could then make an arrest.
An exception to this is when the volunteer is under the direct supervision of a police officer.
May a private citizen use force to effect an arrest? If the arrest is proper and the person who is being arrested attempts to evade capture, the citizen may use suitable, non-deadly force to apprehend the perpetrator. For example, let's say you see a robbery in progress and step in to arrest the perpetrator. He shoves you away and tries to run. You would be within your rights to chase this person, hold him and force him to go to a police station. You would not be within your rights to stab and kill him, even if he resisted arrest, because doing so would involve deadly force, which is not allowed.
What if, in the above example, the robber doesn't run when you intervene, but pulls a knife and tries to stab you? Under Section 68 of Thailand's Criminal Code, the person making the arrest is justified in using even deadly force if the perpetrator resists arrest in a way that threatens the life of the person making the arrest So in this scenario if you, as the arresting party, retaliated with a knife, you wouldn't be breaking the law.
But what if you overreacted? What if, in the above example the perpetrator reached in his pocket when you intervened? You thought he was going for a knife, so you stabbed him first. It turns out he was going for his phone, to call his lawyer. You could be held responsible for using deadly force without justification, but a judge would have broad discretion as to the punishment. Under Section 69 of the code, the judge has the discretion to excuse you from any punishment.
Here's another example involving the level of force that would be suitable. You are standing in a crowded playground. A schoolboy grabs a purse from a little girl and tries to run. You intervene. Could you knock him unconscious with a baseball bat? No, because this would be unnecessary under the circumstances. Instead you would be justified in using reasonable force, perhaps holding and restraining him, so that he could be taken to the police station.
What if the citizen's arrest is completely unjustified? For example, what if, in the example above, the schoolboy is the little girl's brother and their mother has asked him to find her purse. The little girl has it and the boy is just taking it to return it to his mother. If the arrest is unjustified, the person arrested has the right to resist arrest in a suitable, non-deadly way. Thus, in the example, if you were trying to grab the boy, he could struggle and push you away. But he couldn't pull out a knife and stab you, even if he were innocent, because this would not be an appropriate response to what you have done and it could be fatal for you.
Once an alleged perpetrator has been arrested by a private citizen, what happens next? Unlike when an arrest is made by a police officer, the detainee doesn't have to be given any information at the scene. He or she can't be detained in any private location and must be taken immediately to a police station. An official on duty must take a statement from the private citizen making the arrest. The prisoner has several rights at this stage, including:
- Calls, at government expense, to relatives, friends or a lawyer.
- Meetings with anyone, including a lawyer.
- Having friends, relatives or a lawyer attend any questioning by officials.
- Being treated for any urgent medical condition.
- Being told of the right to make a statement, but that the statement may be used in evidence.
The above situations are those in which a private citizen encounters a crime. There is, however, another situation where a private citizen can make an arrest. It's when a private citizen is requested to assist a government official to execute an arrest warrant. This can happen in two ways:
- At the scene. For example, a single police officer is trying to arrest a gang of drug dealers. The gang turns on him. The officer could ask private citizens in the vicinity to help.
- Using volunteers from another location. For example, in a situation where an officer is at the police office and, in an emergency, knows he or she will have to make a number of arrests, perhaps in connection with a riot. The officer could ask private citizens, including government officials not normally charged with arrests, to assist with the arrests. An officer could not force private citizens to endanger themselves by assisting.