Révisé par ThaiLawOnline, un cabinet d'avocats thaïlandais agréé exerçant en Thaïlande depuis 2006. Avocate thaïlandaise en charge du dossier : Wichuda Atthamethakon, LL.M., licence du barreau thaïlandais 3149/2556.
Dernière mise à jour le 5 septembre 2026
Caution (การประกันตัว, prakan tua, in the statute libération provisoire) is the temporary release of a suspect or accused from garde à vue while the police inquiry, trial or appeal continues, against a promise to return backed by security. It is governed by Sections 106 to 119 of the Criminal Procedure Code. For a foreigner the question arises within hours of arrest, because the police can hold a suspect for only 48 hours before asking a court to remand, and immigration cases add a separate bail system at the detention centre.
Table des matières
Who grants bail and on what criteria
Three authorities can grant it, depending on the stage. During the police inquiry the inquiry official decides; once the file is with the procureur général, the prosecutor decides; from the first court remand onward, the court decides. Section 108 lists what is weighed: the gravity of the charge, the strength of the evidence, the reliability of the applicant and caution, the risk of flight, and the risk of tampering with evidence or harming others. Section 108/1 allows refusal only on those risk grounds, so a bare refusal is open to challenge before the higher court.
The first remand hearing normally takes place within 48 hours of arrest. Courts remand in blocks of up to 12 days, to a total of 48 days for offences punishable by up to 10 years and 84 days for graver offences, and bail can be applied for at each hearing. A refusal by the Court of First Instance can be appealed the same day to the Court of Appeal.
Security, amounts and conditions for a foreigner
Accepted security includes cash, a bank passbook or fixed deposit, a land title deed, government bonds, a bail bond from a licensed insurer, or a person of standing (typically a civil servant) who pledges an amount. Cash is the simplest for foreigners. The court sets the sum from its own scale: in practice roughly 10,000 to 50,000 baht for minor drug possession, 50,000 to 200,000 baht for simple theft, and often higher for foreigners because of flight risk. Overstay and illegal-work cases at the Immigration Detention Centre run around 50,000 baht and above, with a Thai guarantor and monthly reporting.
Conditions usually include surrender of the passport, a ban on leaving Thailand, and sometimes an electronic monitoring bracelet. The common mistake is to treat the passport surrender as negotiable; leaving the country on bail forfeits the security, produces an arrest warrant and a blacklist entry, and makes any later return impossible. The security is returned at the end of the case, whatever the verdict, provided the accused attended every hearing.
Court bail and immigration bail compared
| Point | Court bail | Immigration bail |
|---|---|---|
| Loi | Criminal Procedure Code Sections 106 to 119 | Immigration Act, competent official’s discretion |
| Decided by | Inquiry official, prosecutor or court | Bureau de l'immigration |
| But | Attend the criminal case | Await deportation or an appeal |
| Typical security | Cash, title deed, bond, surety | Cash plus Thai guarantor |
| Passeport | Held by the court | Held by immigration |
A foreigner arrested for overstay may need both: court bail while the overstay charge is dealt with, then immigration bail if removal is not immediate. A conviction followed by a fine does not end immigration detention, which continues until the ticket home is bought and the deportation is carried out.
Foire aux questions
How much is bail in Thailand?
There is no fixed tariff in the law; each court applies its own scale to the charge and the accused. As a guide, minor drug possession runs 10,000 to 50,000 baht, simple theft 50,000 to 200,000 baht, and serious offences run into the millions. Foreigners are commonly asked for more than a Thai accused because of flight risk, and immigration bail at the detention centre is around 50,000 baht with a Thai guarantor.
Can a foreigner get bail in Thailand?
Yes, and most foreigners charged with ordinary offences do. The court looks for ties to Thailand such as a lease, work permit, family or business, a credible surety and a valid visa. The passport is surrendered as a condition, so the accused must stay in the country until the case ends.
What happens if someone skips bail in Thailand?
The security is forfeited, the court issues an arrest warrant and the case continues without the accused. For a foreigner the name goes on the immigration blacklist, so re-entry is refused, and any surety who pledged on the accused’s behalf loses the pledged sum or property.
Voir aussi : inquiry official, overstay, deportation, fine, and the guides caution en Thaïlande ET visa overstay, criminal charges and blacklists.
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