Section 130 — Prompt start of investigation
Statutory text (Thai original)
ให้เริ่มการสอบสวนโดยมิชักช้า จะทำการในที่ใด เวลาใด แล้วแต่จะเห็นสมควร โดยผู้ต้องหาไม่จำต้องอยู่ด้วย
English translation
The investigation shall begin without delay. It may be conducted at any place and at any time as the investigating officer sees fit, and the accused need not be present.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This provision, in Chapter 1 (Ordinary Investigation), sets the practical operating rules for investigations: they must start promptly, and the officer has flexibility as to place and time. Crucially, the accused need not be present, which allows early scene examination and evidence collection before any suspect is identified or arrested. It works closely with Section 131 (the duty to gather all evidence) and the power provisions in Sections 121 and 128, and the case law confirms that once an offence is reported, the investigator may begin immediately, for example by inspecting the scene.
Why this matters in practice
This section explains why police can act at the scene and gather evidence before a suspect is even named, and why an accused's absence during early steps does not, by itself, make the investigation invalid. For a defendant, the point is not that early evidence-gathering is improper, but that its lawfulness turns on the officer's jurisdiction and powers under the surrounding sections. If you believe evidence was gathered improperly, that is a matter to test with a lawyer; our guide on what to know before going to court in Thailand gives context.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 29/2564 (2021)
Once an offence is reported to the investigator, he may begin the investigation immediately under Section 130, such as by inspecting the scene and gathering evidence; where he does so, there has been a lawful investigation and the prosecutor has power to file under Section 120.
The victim telephoned the investigator, which amounted to an accusation putting the investigator on notice of the offence. The Supreme Court held the investigator could begin the investigation immediately under Section 130, and since he inspected the scene and gathered evidence, there had been a lawful investigation, so the prosecutor had power to file under Section 120.
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Supreme Court Judgment No. 13537/2553 (2010)
An investigator appointed to the responsible inquiry team has power to investigate and gather all available evidence under Sections 121, 130 and 131 to establish the facts of the alleged offence.
In an oil-smuggling and money-laundering matter, the Supreme Court held that once appointed to the responsible inquiry team, the officer had power to investigate and gather all available evidence under Sections 121, 130 and 131, including seizing or attaching bank-account funds to establish the alleged offence.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does the accused have to be present during the investigation?
No. Under Section 130 the accused need not be present, and the investigation may be conducted at any place and time the investigating officer thinks fit.
When can an investigation start?
Without delay. Section 130 requires the investigation to begin promptly, so once an offence is reported the officer may act immediately, such as inspecting the scene.