Section 52 — Summons to appear
Statutory text (Thai original)
เมื่อคำพิพากษาหรือคำสั่งอันเป็นเด็ดขาดถึงที่สุดแล้วเรื่องใดได้มีการปฏิบัติตาม หรือบังคับไปแล้ว หรือระยะเวลาที่กำหนดไว้เพื่อการบังคับนั้นได้ล่วงพ้นไปแล้ว ให้ศาลที่เก็บสำนวนนั้นไว้ จัดส่งสำนวนนั้นไปยังกระทรวงยุติธรรม เพื่อเก็บรักษาไว้หรือจัดการตามกฎกระทรวงว่าด้วยการนั้น
English translation
To require any person to come before an inquiry official, before an administrative officer or a senior police officer, or before the court, in connection with an inquiry, a preliminary examination of the charge, a trial, or any other matter under the provisions of this Code, there must be a summons issued by the inquiry official, the administrative officer or senior police officer, or the court, as the case may be. But where the inquiry official, or the administrative officer or senior police officer, conducts the inquiry in person, that officer has power to call the alleged offender or a witness without issuing a summons.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 52 opens Title 3 of Book 1, on summonses and warrants of arrest, and states the general rule that compelling a person to appear for an inquiry, a preliminary examination, a trial, or any other step under the Code requires a summons from the competent authority, an inquiry official, an administrative or senior police officer, or the court. The important qualification is in the second part: where the inquiry official or senior officer is conducting the inquiry in person, that officer may call the alleged offender or a witness directly, without issuing a formal summons. This confirms that inquiry officials already hold summoning power, which is why the summons is the standard tool to secure attendance, rather than, for example, a court action begun only to obtain one.
Why this matters in practice
If you receive a summons in a criminal matter, check who issued it, an inquiry official, a senior officer, or the court, because that tells you what stage you are at and what appearance is required. Ignoring a valid summons can have consequences, so it is better to attend and, where the matter is serious, to attend with counsel. An officer running an inquiry in person can also call you without a formal document. If you are unsure whether a summons is valid or how to respond, a consultation with a Thai lawyer before you appear is sensible.
Frequently asked questions
What happens to my case file after the case ends?
Under section 52, once the judgment or order is final and has been complied with or enforced, or the enforcement period has lapsed, the court transmits the case file to the Ministry of Justice, which keeps or handles it under a ministerial regulation.
Can I still get copies of documents from a closed case?
Yes, but because the file is archived with the Ministry of Justice after the case closes, it is usually faster to obtain certified copies of the judgment and key documents before the file leaves the court.