87 — ระยะเวลาควบคุมและการฝากขังผู้ต้องหา

คำแปลภาษาไทย

It is prohibited to keep the arrested person in custody beyond what is necessary according to the circumstances of the case.
In the case of a petty offense, the arrested person may be kept in custody only for such time as is needed to take his statement and to ascertain who he is and where his residence is.
Where the arrested person is not released provisionally and there is a necessity for the purpose of the investigation or the prosecution of the case, the arrested person shall be taken to the court within forty-eight hours from the time the arrested person was brought to the office of the investigating officer under section 83, except where there is force majeure or another unavoidable necessity, by having the investigating officer or the public prosecutor file an application with the court for a warrant to detain the accused. The court shall ask the accused whether he has any objection, and the court may summon the investigating officer or the public prosecutor to explain the necessity, or may summon evidence for its consideration.
In the case of a criminal offense with a maximum penalty of imprisonment not exceeding six months or a fine not exceeding five hundred baht, or both, the court has the power to order detention only once, for a period not exceeding seven days.
In the case of a criminal offense with a maximum penalty of imprisonment exceeding six months but less than ten years, or a fine exceeding five hundred baht, or both, the court has the power to order detention several consecutive times, but each time must not exceed twelve days and all together must not exceed forty-eight days.
In the case of a criminal offense with a maximum penalty of imprisonment of ten years or more, whether or not there is also a fine, the court has the power to order detention several consecutive times, but each time must not exceed twelve days and all together must not exceed eighty-four days.
In the case under paragraph six, when the court has ordered detention for the full forty-eight days, if the public prosecutor or the investigating officer files an application with the court to detain further by claiming a necessity, the court may order further detention only when the public prosecutor or the investigating officer has shown the necessity and has brought evidence for the court to examine until the court is satisfied.
In the examination under paragraph three and paragraph seven, the accused has the right to appoint a lawyer to state objections and to question witnesses. If the accused has no lawyer because there has not yet been compliance with section 134/1 and the accused so requests, the court shall appoint a lawyer for him, and that lawyer has the right to receive a fee and expenses as prescribed in section 134/1 paragraph three, mutatis mutandis.
If the investigating officer must conduct the investigation in another locality outside the jurisdiction of the court that ordered the detention of the accused, the investigating officer may file an application to transfer the detention to the court in the locality where the investigation must be conducted; and when the court that ordered the detention deems it appropriate, it shall order the transfer.

⚠︎ คำแปลนี้ยังไม่เป็นที่ทราบจากสำนักงาน — กรุณาอ้างอิงตัวบทภาษาไทยเป็นหลัก