Article 130: Prompt start of investigation

Décisions de la Cour suprême interprétant cette section

1. Arrêt n° 29/2564 de la Cour suprême (2021)

   Once an offence is reported to the investigator, he may begin the investigation immediately under Section 130, such as by inspecting the scene and gathering evidence; where he does so, there has been a lawful investigation and the prosecutor has power to file under Section 120.

   The victim telephoned the investigator, which amounted to an accusation putting the investigator on notice of the offence. The Supreme Court held the investigator could begin the investigation immediately under Section 130, and since he inspected the scene and gathered evidence, there had been a lawful investigation, so the prosecutor had power to file under Section 120.

2. Arrêt de la Cour suprême n° 13537/2553 (2010)

   An officer appointed to the responsible investigation team has power under sections 121, 130 and 131 to investigate and to gather evidence of every kind he is able to gather, so as to establish the facts and circumstances of the alleged offence and to prove it. That general power is not itself the source of a power to seize or attach property. Where, on charges of customs evasion and money laundering, the suspect's bank account is itself a piece of evidence capable of proving the offence, the power to seize or attach the money in that account for examination rests separately on section 85 paragraph 3 and section 132.

   The plaintiff sued police officers over the attachment of her bank account in an investigation into smuggled fuel and money laundering. The Supreme Court held that the third defendant, as a police officer, had power to investigate a criminal case, and having gathered facts showing that the plaintiff was a suspect or connected with the trade in smuggled fuel, could lay an accusation under sections 2(8), 17, 18, 125 and 127. Once appointed to the responsible investigation team he had power under sections 121, 130 and 131 to investigate and gather all the evidence he could. The account itself was evidence capable of proving the alleged offences, and the power to seize or attach the money in it for examination came from section 85 paragraph 3 and section 132. Customs evasion by trading in smuggled fuel is a predicate offence under section 3(7) of the Anti Money Laundering Act B.E. 2542. The Court of Appeal Region 1 was affirmed and the plaintiff's appeal dismissed.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.