มาตรา 106 — การยื่นขอปล่อยชั่วคราว

คำแปลภาษาไทย

An application for the provisional release of a suspect or accused, whether without security, with security, or with security and collateral, regardless of whether that person is under custody or detention pursuant to a court warrant, may be filed by the suspect, the accused, or an interested person, as follows:
(1) When the suspect is under custody and has not yet been prosecuted before the court, the application shall be filed with the inquiry official or the public prosecutor, as the case may be;
(2) When the suspect is under detention pursuant to a court warrant and has not yet been prosecuted before the court, the application shall be filed with that court;
(3) When the suspect has been prosecuted, the application shall be filed with the Court of First Instance trying the case;
(4) When the Court of First Instance or the Court of Appeal has read its judgment, even though no appeal or petition has yet been filed, or an appeal or petition has been filed but the case file has not yet been sent to the Court of Appeal or the Supreme Court, the application shall be filed with the Court of First Instance trying the case. Where the Court of First Instance considers it appropriate to grant provisional release, it shall order the grant; otherwise, it shall promptly forward the application together with the case file to the Court of Appeal or the Supreme Court for an order, as the case may be;
(5) When the court has sent the case file to the Court of Appeal or the Supreme Court, the application may be filed either with the Court of First Instance trying the case, or with the Court of Appeal or the Supreme Court, as the case may be. Where it is filed with the Court of First Instance, that court shall promptly forward the application to the Court of Appeal or the Supreme Court for an order, as the case may be.

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