Extradition Lawyer in Thailand
For a long time, Thailand was a hiding place for many foreign criminals looking to evade arrest. This was facilitated by the low cost of living, issues with corruption, and a lack of effective legislation governing this transnational process. However, over time, the situation has changed, and now criminals can be extradited to face criminal charges for their crimes.
Have you committed a criminal act for which extradition to your home country is envisaged? To minimise risks and legal consequences, it’s crucial to seek advice from a professional Extradition Lawyer in Thailand as soon as possible, who will help you navigate the extradition proceedings and laws of the Kingdom and ensure fair and accurate representation of your interests in court.
Thailand Extradition Laws
Extradition is the process of transferring individuals accused or convicted of committing crimes from one country to another for criminal investigation or to serve a sentence. It’s a crucial legal mechanism for international cooperation in combating crime, preventing offenders from evading justice by crossing national borders.
Extradition in Thailand is governed by both domestic legislation and international agreements. The primary piece of legislation regulating this issue is the Extradition Act B.E. 2551 (2008). This law adheres to the provisions of all extradition treaties between the Thai government and any other international entity.
Key Provisions of the Thailand Extradition Act B.E. 2551:
- The law recognises the existence and priority of bilateral extradition treaties over domestic legislation.
- In the absence of a bilateral agreement, Thailand considers requests on the basis of reciprocity, provided the requesting country offers guarantees of similar treatment.
- Extradition is only possible in cases where the acts are considered a crime both within the territory of the Kingdom and in the requesting country.
- For the committed crime, there should be a provision for punishment in the form of imprisonment for a term of not less than 1 year.
- The prohibition on extraditing its own citizens. If a citizen of the Kingdom commits a crime abroad, they will be held accountable in accordance with Thai law.
Thailand also actively participates in regional cooperation through the Association of Southeast Asian Nations (ASEAN). Within ASEAN, agreements on mutual legal assistance and cooperation in criminal matters have been signed.
The Mutual Assistance in Criminal Matters Act B.E. 2535 (1992) governs matters of mutual legal assistance between Thailand and other countries in criminal cases, including the exchange of evidence, conducting interrogations, and other forms of cooperation that may be related to extradition procedures.
Extradition Procedure in Thailand
According to Section 8 of the Extradition Act B.E. 2551, extradition process begins with an official written request. Countries that have signed extradition treaties with Thailand send their requests directly to the Attorney General. Other countries send their requests through the usual diplomatic channels. The request must be accompanied by all additional documents and evidence. It must meet all the requirements set out in the ministerial decree.
The request must include information about the identity of the person sought, a description of the crime, texts of the applicable laws, and evidence substantiating its validity.
The Foreign Ministry conducts a preliminary review of the request to ensure it meets formal requirements before forwarding it to the Attorney General of Thailand. If the request is deemed valid, the Attorney General petitions the competent court to issue an arrest warrant for the individual in question. Law enforcement agencies then carry out the arrest in accordance with the issued warrant.
The detained individual is brought before the court, which informs them of the reasons for their arrest and their rights, including the right to legal assistance. The court examines the evidence presented by the Public Prosecutor’s Office and assesses its compliance with extradition conditions.
Following the court’s decision, the materials are passed on to the Minister of Justice, who makes the final decision regarding the extradition of the individual to the requesting country. If approved, arrangements are made for the transfer to representatives of the requesting country.
It’s absolutely crucial to secure the support of a qualified Thailand extradition lawyers who are well-versed in the extradition procedures of the Kingdom and the nuances of its legal proceedings. Our team at Interpol Lawyers is ready to provide comprehensive legal assistance on extradition proceedings and minimise any potential legal risks.
Offenses Which Require Extradition
According to the Thailand Extradition Act B.E. 2551, the following acts are subject to extradition:
- Crimes punishable by the death penalty;
- Crimes punishable by imprisonment or other forms of incarceration for a term exceeding 1 year.
Extradition process in Thailand is most commonly applied for the following categories of crimes:
- Participation in terrorist acts, funding of groups;
- Murder, attempted murder, inflicting grievous bodily harm;
- Illegal production, transportation, and sale of narcotic drugs;
- Financial machinations and major fraud;
- Money laundering;
- Tax crimes;
- Corruption and abuse of power;
- Illegal trafficking and exploitation of people;
- Cybercrime.
Conditions for Extradition
According to Section 9 of the Extradition Act, the government of Thailand may extradite individuals suspected or accused of committing a crime only under the following conditions:
- The crime must be considered criminally punishable in both jurisdictions.
- The charges should not relate to political offences.
- The nature of the crime should not be related to military actions.
- Extradition provisions must not violate other existing Thai laws.
- The requesting state must not have a final decision on the accused’s innocence.
- The individual was not granted amnesty in the requesting state.
- This individual has not served a sentence or been sentenced to punishment in the requesting country.
- An individual is not deprived of the right to appear before a court on charges of committing a crime.
In this context, all extradition requests are considered on a case-by-case basis, taking into account all the specific circumstances of the case.
Countries With no Extradition Treaty with Thailand
Currently, Thailand has signed extradition treaties with the following countries: Australia, Bangladesh, Belgium, Canada, Cambodia, China, Fiji, Indonesia, Laos, Malaysia, the Philippines, South Korea, the United States of America, and the United Kingdom. Hungary and Russia are also expected to be added to this list soon.
That is, the list of countries with which there are no extradition agreements is quite extensive. Among these states, it is worth noting:
- Germany
- France
- Spain
- Mexico
- Austria
- Singapore
- China
- Saudi Arabia
- United Arab Emirates
- Cuba
- Vietnam
- Iran
- North Korea
- Belarus
- Kazakhstan
However, even in the absence of an extradition agreement between countries, Thailand may approve an extradition request. Thai authorities may agree to transfer a convicted person to a foreign state without signing a treaty, based on the principle of reciprocity.
Interpol Red Notices in Thailand
A Red Notice is an international request circulated among Interpol member countries for the location and provisional arrest of wanted persons with the aim of their subsequent extradition. A Red Notice does not have the legal force of an arrest warrant but serves merely as an official request from a country asking for assistance in tracking down and arresting the suspect.
Following the arrest of an individual on a red notice, the Thai government is considering the possibility of extradition based on existing treaties with the requesting country. Extradition is not automatic—each request must be reviewed by a court and approved by local authorities.
Thailand will not extradite individuals if the suspect may face political persecution or if there is a risk of human rights violations in the requesting country.
How to Remove Red Notice in Thailand?
Necessary grounds for appeal:
- The notification was issued in violation of international standards or based on false information.
- The request for issuance was made on political, religious, or ethnic grounds.
- The absence of crime in the Thai legal system;
- The threat of torture, inhumane treatment, or unfair judicial proceedings in the requesting country.
A Red Notice solicitor must gather the necessary evidence to demonstrate that the Red Notice was issued unlawfully and infringes upon the rights of the suspect. The request for removal should include:
- Arguments confirming the illegality of the notification;
- Evidence of human rights violations in the case of extradition;
- The legal stance regarding double jeopardy, if the crime is not recognised as such in Thailand;
- Documents and evidence confirming the political or other nature of persecution.
The CCF meticulously reviews the submitted materials and decides whether the notification complies with Interpol’s constitution and rules. The review process can take several months. After considering the request, the CCF informs the applicant of the decision made. In case of a refusal to delete, a resubmission with additional evidence may be conducted.
Interpol lawyers will help to properly represent your interests in Interpol, protect your rights, and prevent extradition by utilising both local laws and international mechanisms.
How can Interpol Lawyers Assist?
Our team at Interpol Lawyers is ready to provide each client with expert legal assistance on matters of extradition to Thailand and the removal of red notices.
The services of Interpol Law Firm include:
- Consultations on the legal basis of extradition;
- Preparation and submission of necessary documents for defence against extradition;
- Challenges to extradition decisions;
- Analysis of the legality and justification of the red notice;
- Preparing and submitting a request to the Interpol Files Control Commission;
- Legal support at all stages of the case review, including interaction with local and international bodies;
- Defence in the event of arrest in Thailand or other countries based on a red notice.
Our Thailand extradition lawyers have a wealth of experience in dealing with legal matters, which enables us to protect the interests of our clients both nationally and internationally. We assist in successfully overcoming legal barriers and minimising the risks associated with international litigation.
The Interpol law firm will provide professional support at every stage of the process, from filing an appeal to the complete removal of the notice. Contact us right now for an initial consultation and to develop an effective legal defence strategy!
