Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.
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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 of Contents
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, but the Act does not treat as political the killing of, or an attack on the person or liberty of, the King, the Queen or the Heir, a head of state, a head of government or their immediate family, nor any act that a treaty Thailand is party to says is not political. The Act’s only death-penalty provision, section 29, concerns requests made by Thailand, where the government may have to assure the other state that a death sentence will not be carried out.
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, and must be released if the court has not received the formal extradition petition within 60 days of the arrest, or within a longer period the court sets of not more than 90 days. The court’s order can be appealed to the Court of Appeal within 30 days, and the appeal decision is final; there is no Supreme Court 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 bail 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 Immigration Bureau 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 | Deportation |
|---|---|---|
| Law | Extradition Act B.E. 2551 | Immigration Act B.E. 2522 |
| Decided by | Criminal Court, then Court of Appeal | Immigration Bureau |
| Trigger | Formal request by a foreign state | Revoked or expired stay |
| Destination | The requesting state | Any state that will admit the person, usually home |
| Speed | Months | 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.
Last reviewed: 27 September 2026. The Extradition Act B.E. 2551 was read in Thai, including sections 7, 9, 12, 15, 19, 20, 21 and 29. The list of treaty partners is stated from published sources and was not re-checked in this review.
Frequently asked 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.
See also: deportation, immigration blacklist, public prosecutor, and the guides extradition from Thailand: process and rights, Thailand extradition treaty with the USA and enforcing a foreign judgment in Thailand.
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