มาตรา 85/1 — การขอรับของกลางคืนระหว่างสอบสวน

คำแปลภาษาไทย

During the investigation, as regards articles seized by the officer that are not property which the law provides that making or possessing constitutes an offense, and that have not yet been adduced or presented as evidence in the trial, the owner or a person having the right to claim the return of the articles seized by the officer may file an application with the investigating officer or the public prosecutor, as the case may be, to receive those articles for keeping or use, without security, or with security, or with security and collateral.
An order returning articles under paragraph one must not affect the use of those articles as evidence to prove facts thereafter. In this regard, the investigating officer or the public prosecutor shall issue an order without delay, and may require security from the applicant or impose any condition for that person to comply with; and if that person does not comply with the condition, or does not return the articles when ordered to return them, the investigating officer or the public prosecutor, as the case may be, has the power to seize those articles back and to enforce such contract of security. The method of filing the application, the conditions, and the granting shall be as prescribed in a ministerial regulation.
Where the investigating officer or the public prosecutor issues an order refusing permission, the applicant has the right to file an appeal against the order with the Court of First Instance having the power to try and adjudicate that criminal case, within thirty days from the date of receiving notice of the refusal, and the court shall complete its consideration within thirty days from the date of receiving the appeal. Where the court grants permission, the court may require security or impose any condition as it deems appropriate. The order of the court shall be final.

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