Article 79 — Arrest by a private person
Texte légal (original thaï)
ราษฎรจะจับผู้อื่นไม่ได้เว้นแต่จะเข้าอยู่ในเกณฑ์แห่งมาตรา ๘๒ หรือเมื่อผู้นั้นกระทำความผิดซึ่งหน้าและความผิดนั้นได้ระบุไว้ในบัญชีท้ายประมวลกฎหมายนี้ด้วย
traduction anglaise
A private individual may not arrest another person, except where the case falls within Section 82, or where that person commits a flagrant offense and that offense is specified in the schedule annexed to this Code.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 79 sharply limits the power of a private individual, as opposed to an officer, to arrest another person. A citizen may arrest only where Section 82 applies, or where the other person is committing a flagrant offense that appears in the schedule annexed to the Code; both the flagrancy and the listing are required. This narrow authority is important because an arrest by a private person that falls outside these bounds is unlawful, which in turn can give the person being seized a right to resist. The section works together with Sections 78 and 80, which govern officers' arrest powers and the meaning of a flagrant offense, and with the schedule of qualifying offenses.
Pourquoi cela est important en pratique
For private citizens, including business owners and security staff, this section is a warning: you cannot lawfully detain someone unless the situation fits Section 82 or a listed flagrant offense. Getting this wrong can expose you to liability, and a person you try to arrest without authority may lawfully resist, which the courts have recognized. Before physically holding or pursuing a suspected wrongdoer, it is safer to call the police, who have broader powers. If you are involved in an incident where a private arrest was made, whether you made it or were subject to it, early legal advice helps clarify your position.
Décisions de la Cour suprême interprétant cette section
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Supreme Court Judgment No. 2353/2530 (1987)
Where the offense is not flagrant, private persons have no power to arrest under Section 79, and the person they try to arrest may lawfully resist.
Two private individuals sought to arrest the defendant over an earlier assault on their companion, but the Court held that the assault was not a flagrant offense, so as mere private persons they had no authority to arrest under Section 79. The defendant therefore had a right to defend himself against being seized, although the Court went on to assess whether his response exceeded lawful self-defense.
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Supreme Court Judgment No. 2959/2567 (2024)
A private person who catches another in a flagrant listed offense, such as theft, has authority under Section 79 to pursue and arrest in order to recover the property.
The defendant, guarding a palm plantation, encountered the deceased and the injured party committing theft in his presence. The Court recognized that under Section 79 he had authority to pursue and arrest them to recover the stolen property, before going on to consider the separate question of provocation and the force he used.
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Supreme Court Judgment No. 767/2486 (1943)
A private person has no power on their own to arrest for an offense such as illegal gambling that does not qualify under Section 79.
The Court held that the offense of illegal gambling was not one a private person could arrest for on their own authority under Section 79. Because those seizing the gambling stakes were not acting as officers within their power, the property was not lawfully seized and the taking back of it by force did not amount to an offense against an official.
Décisions sélectionnées avec numéros de dossier vérifiés dans la base de données de la Cour suprême. Les versions anglaises sont des traductions éditoriales réalisées par le cabinet à des fins d'étude.
Foire aux questions
Can an ordinary citizen arrest someone in Thailand?
Only in limited cases. Under Section 79 a private person may arrest another only where Section 82 applies, or where the person commits a flagrant offense that is listed in the schedule annexed to the Code.
What happens if a private person arrests someone without authority?
The arrest is unlawful. Courts have held that where the offense is not flagrant and the person is only a private citizen, they have no power to arrest, and the person being seized may lawfully resist.