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
Extradition (การส่งผู้ร้ายข้ามแดน, song phu rai kham daen, literally sending an offender across the border) is the formal surrender by Thailand of a person wanted in another state for prosecution or to serve a sentence, or the reverse request by Thailand, under the Extradition Act B.E. 2551 (2008). It is a court procedure with a hearing, evidence and an appeal, and it should not be confused with the far more common deportation, which is an administrative act by immigration. Thailand has extradition treaties with more than a dozen states and extradites to others on the basis of reciprocity.
Table des matières
How the Extradition Act B.E. 2551 works
The Attorney General is the Central Authority. A request from a treaty state comes directly to the Office of the Attorney General; a request from a non-treaty state comes through diplomatic channels and is accepted only if that state undertakes to reciprocate. Two conditions apply to every request: dual criminality, meaning the conduct is a crime in both countries, and a minimum gravity, meaning the offence is punishable in both with imprisonment of 1 year or more. Political offences and purely military offences are excluded, and Thailand may refuse or seek assurances where the death penalty could be imposed abroad.
If the request passes review, the public prosecutor files it with the Criminal Court, which examines identity, the documents and whether the conditions are met, without trying guilt. The person may be arrested on a provisional warrant while the full request is prepared, for up to 60 days under the Act, or 90 days under some treaties. The court’s order can be appealed to the Cour d'appel within 30 days, and the appeal decision is final; there is no Cour suprême stage. The government retains a final discretion to surrender or not.
What extradition means for a foreigner in Thailand
A person facing an extradition request is held in custody, and caution is granted rarely because flight is the whole concern. The hearing is in Thai with an interpreter, and the person is entitled to a lawyer and to contest identity, dual criminality, the political character of the offence and the sufficiency of the papers. Consent to surrender is possible and shortens the process to weeks. A Thai national can be extradited only where a treaty allows it, the person consents, or reciprocity is assured, and Thailand may instead prosecute its own national at home.
The common mistake is to plan around the treaty list. Most foreign fugitives leave Thailand not by extradition but by deportation: the Bureau de l'immigration revokes the stay on the basis of the foreign warrant or an Interpol notice, holds the person at the Immigration Detention Centre and puts them on a flight to the home country, where the arrest takes place on landing. No treaty, dual criminality or court hearing is needed for that route.
Extradition, deportation and mutual legal assistance compared
| Point | Extradition | Déportation |
|---|---|---|
| Loi | Extradition Act B.E. 2551 | Immigration Act B.E. 2522 |
| Decided by | Criminal Court, then Court of Appeal | Bureau de l'immigration |
| Trigger | Formal request by a foreign state | Revoked or expired stay |
| Destination | The requesting state | Any state that will admit the person, usually home |
| Vitesse | Mois | Days or weeks |
Requests for evidence, witness statements or asset freezing without surrender of a person go through the separate Mutual Assistance in Criminal Matters Act, also administered by the Attorney General.
Foire aux questions
Does Thailand have an extradition treaty with the United States or the United Kingdom?
Yes, with both, and with more than a dozen states in all, including Australia, Canada, China, France, Belgium, South Korea, Malaysia, Indonesia and the Philippines. Requests from states without a treaty are accepted under the Extradition Act on the basis of reciprocity, through diplomatic channels.
What are the conditions for extradition from Thailand?
The conduct must be a crime in both countries and punishable with at least 1 year of imprisonment, the request must not concern a political or purely military offence, and the documents must identify the person and the charge. The Criminal Court checks these conditions at a hearing, and an appeal to the Court of Appeal must be filed within 30 days.
What is the difference between extradition and deportation from Thailand?
Extradition is a court process that surrenders a person to a requesting state under the Extradition Act; deportation is an administrative removal by immigration of a foreigner whose stay has ended or been revoked. Most foreign fugitives are removed from Thailand by deportation to their home country, where the arrest takes place on arrival.
Voir aussi : deportation, immigration blacklist, procureur général, and the guides extradition from Thailand: process and rights, Thailand extradition treaty with the USA ET enforcing a foreign judgment in Thailand.
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