Facing a Criminal Complaint in Thailand: What to Do First

Receiving a police summons or discovering that a criminal complaint (such as fraud, assault, or defamation) has been filed against you in Thailand is an incredibly stressful experience. Acting calmly and understanding your constitutional rights from the first hour is critical to protecting your liberty and preparing an effective defense.

1. Verify the Summons Authenticity and Type

Carefully examine the document. Ensure it is a formal summons issued by an authorized Royal Thai Police investigator:

• Witness Summons: You are summoned to provide information as a witness. You are not currently accused of a crime.
• Suspect Summons: You are officially named as a suspect in a criminal investigation. This requires immediate legal counsel before appearing.

2. The Danger of Ignoring Summonses (Section 66 of the CPC)

If you receive a police summons as an accused suspect and fail to appear twice without a valid medical or legal excuse, the investigating officer has immediate legal grounds under **Section 66 of the Criminal Procedure Code** to apply to the court for an **Arrest Warrant**. Once issued, you can be arrested anywhere, including at immigration checkpoints, and held in custody.

3. Your Legal Rights Under the Criminal Procedure Code (Section 134/1 and 134/4)

Thai criminal law guarantees essential rights to protect accused individuals during questioning:

1. Right to Counsel (Section 134/1): You have the absolute right to meet and consult with a lawyer privately before answering questions. Never undergo interrogation without a defense lawyer present.
2. Right to Remain Silent (Section 134/4): You are not legally required to confess or answer incriminating questions. Your silence cannot be interpreted as an admission of guilt. You can choose to submit a written explanation later.
3. Right to Review the Statement: Before signing the official police interrogation record, read every line carefully. You have the right to request corrections if the officer's record does not match what you said.

If you are facing criminal charges, an investigation, or have received a police summons in Khon Kaen or Northeast Thailand, contact the defense team at Numlamai Law immediately. We are ready to defend your rights and accompany you through the process.