มาตรา 2 — บทนิยามศัพท์

คำแปลภาษาไทย

ในโค้ดนี้:
(1) "Court" means a Court of Justice or a judge having power to act in connection with a criminal case.
(2) "Alleged offender" means a person who is accused of having committed an offense but who has not yet been prosecuted before a court.
(3) "Defendant" means a person who has been prosecuted before a court on a charge of having committed an offense.
(4) "Injured person" means a person who has suffered injury by reason of the commission of any offense, including any other person who has authority to act on his behalf as provided in Sections 4, 5 and 6.
(5) "Public prosecutor" means an official whose duty is to prosecute alleged offenders before a court, whether an official of the Public Prosecution Department or another official having such power.
(6) "Inquiry official" means an official whom the law empowers and charges with the duty of conducting an inquiry.
(7) "Complaint" means the injured person's accusation, made to a competent official under the provisions of this Code, that an offense has been committed, whether or not the offender is known, causing injury to the injured person, such accusation being made with the intent that the offender be punished.
(8) "Denunciation" means an accusation made to a competent official by a person other than the injured person, that a person, whether known or not, has committed an offense.
(9) "Criminal warrant" means a written order issued under the provisions of this Code directing an official to arrest, detain, imprison or release an alleged offender, defendant or prisoner, or to conduct a search, including a certified true copy of an arrest or search warrant, a telegraphic notice that an arrest or search warrant has been issued, and a copy of an arrest or search warrant transmitted by facsimile, electronic media or other information technology media, all as provided in Section 77.
(10) "Investigation" means the seeking of facts and evidence which an administrative or police official carries out within his power and duty to maintain public order and to learn the particulars of an offense.
(11) "Inquiry" means the gathering of evidence and all other proceedings under the provisions of this Code which an inquiry official carries out concerning an alleged offense, in order to learn the facts or prove the offense and to bring the offender to prosecution and punishment.
(12) "Preliminary examination" means the Court's process of examining a case in order to decide whether the case against the defendant has a prima facie basis.
(13) "Private place" means places other than public places as defined in the Penal Code law.
(14) "Plaintiff" means the public prosecutor, or the injured person who prosecutes a criminal case before a court, or both where the public prosecutor and the injured person are joint plaintiffs.
(15) "Party" means the plaintiff on one side and the defendant on the other.
(16) "Administrative or police official" means an official whom the law empowers and charges with the duty of maintaining public order, including wardens, officials of the Excise Department, the Customs Department, the Marine Department, immigration officers and other officials when acting in connection with the arrest and suppression of law offenders whom they have a duty to arrest or suppress.
(17) "Senior administrative or police official" means the following officials: (a) Permanent Secretary of the Ministry of Interior; (b) Deputy Permanent Secretary of the Ministry of Interior; (c) Inspector-General of the Ministry of Interior; (d) Assistant Permanent Secretary of the Ministry of Interior; (e) Director-General of the Department of Provincial Administration; (f) Deputy Director-General of the Department of Provincial Administration; (g) Director of the Investigation and Legal Affairs Division, Department of Provincial Administration; (h) chiefs of sections and chiefs of units in the Investigation and Legal Affairs Division, Department of Provincial Administration; (i) Inspector of the Department of Provincial Administration; (j) Provincial Governor; (k) Deputy Provincial Governor; (l) Deputy Governor; (m) District Chief Officer; (n) Assistant District Chief Officer who is head of a sub-district branch office; (o) Director-General of the Police Department; (p) Deputy Director-General of the Police Department; (q) Assistant Director-General of the Police Department; (r) Police Commissioner; (s) Deputy Police Commissioner; (t) Assistant Police Commissioner; (u) Police Commander; (v) Deputy Police Commander; (w) Chief of Provincial Police; (x) Deputy Chief of Provincial Police; (y) Police Superintendent; (z) Superintendent of a Provincial Police District; (aa) Deputy Police Superintendent; (bb) Deputy Superintendent of a Provincial Police District; (cc) Senior Police Inspector; (dd) Police Inspector; (ee) Police Company Commander; (ff) chief of a police station holding the rank of Police Sub-Lieutenant or equivalent or above; (gg) chief of a police station branch holding the rank of Police Sub-Lieutenant or equivalent or above; this also includes persons acting in place of the above officials, provided that a person acting in place of an official in (ee), (ff) and (gg) must also hold the rank of Police Sub-Lieutenant or equivalent or above.
(18) "Article" means any movable property that may be used as evidence in a criminal case, including letters, telegrams and other documents.
(19) "Court record of proceedings" means any writing which the Court records as evidence of all the particulars in the conduct of a criminal case in that court.
(20) "Memorandum" means any writing which an administrative or police official records as evidence in the inquiry of a criminal offense, including records of complaints and denunciations.
(21) "Custody" means the holding or detention of an arrested person by an administrative or police official during investigation and inquiry.
(22) "Detention by court" means the holding of a defendant or alleged offender by the Court.

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