Section 16 — Powers fixed by organizing laws
Statutory text (Thai original)
อำนาจศาล อำนาจผู้พิพากษา อำนาจพนักงานอัยการและอำนาจพนักงานฝ่ายปกครองหรือตำรวจในการที่จะปฏิบัติตามบทบัญญัติแห่งประมวลกฎหมายนี้ ต้องเป็นไปตามกฎหมายและข้อบังคับทั้งหลายอันว่าด้วยการจัดตั้งศาลยุติธรรมและระบุอำนาจและหน้าที่ของผู้พิพากษา หรือซึ่งว่าด้วยอำนาจและหน้าที่ของพนักงานอัยการหรือพนักงานฝ่ายปกครองหรือตำรวจนั้น ๆ
English translation
The powers of the court, the powers of a judge, the powers of a public prosecutor, and the powers of an administrative or police official in carrying out the provisions of this Code shall be governed by the laws and all regulations concerning the establishment of the courts of justice and specifying the powers and duties of judges, or concerning the powers and duties of public prosecutors or of administrative or police officials, as the case may be.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 16 opens the chapter on general principles of authority by pointing outward: the Criminal Procedure Code says what steps may be taken, but who may take them, and within what limits, is set by the organizing laws for the courts, the prosecution service, and the administrative and police services. It is a reference rule rather than a source of new power, so an official acts validly only within the powers those separate statutes grant. This anchors later provisions on inquiry jurisdiction, arrest, and prosecution, and it explains why a person who is not lawfully holding the relevant office cannot exercise these powers at all.
Why this matters in practice
The practical bite of Section 16 is jurisdictional: if the person who acted had no power under the relevant organizing law, the act can be challenged. The Supreme Court has used it to test whether a task actually falls within a body's authority, for example holding that an inquest under the Code is not the same as prosecuting an accused, so it is not diverted to the military court merely because the person involved is a serviceman. If you suspect an official acted outside their lawful authority, a licensed Thai lawyer can assess whether that undermines the case against you.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 21697/2556 (2013)
Under Section 16, official powers under the Code follow the organizing laws; an inquest into a death under the Criminal Procedure Code is not a prosecution of the person who caused the death, so it does not fall within the military court's jurisdiction merely because that person is a serviceman.
Even though the person who caused the death was an active serviceman triable in the military court, the Court quoted Section 16 and held that conducting an inquest and issuing an inquest order under the Code is distinct from filing a case against the offender. The inquest therefore remained within the ordinary court's authority.
-
Supreme Court Judgment No. 2803/2554 (2011)
Section 16 provides that a police officer's power to act under the Criminal Procedure Code must be in accordance with the laws and regulations governing that officer's powers and duties.
Rejecting a challenge to how the accused were handed over between police units, the Court applied Section 16 to confirm that police authority under the Code is measured against the laws defining their powers and duties. On the facts, the transfer to specialist investigators fell within that authority and the inquiry was lawful.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Where do the powers of judges, prosecutors, and police come from under the Criminal Procedure Code?
Section 16 says they come from the separate organizing laws and regulations that establish the courts and define the powers and duties of judges, prosecutors, and administrative or police officials.
Can an official exercise powers under the Code if their own governing law does not grant them?
No. Section 16 makes their authority depend on the organizing laws. If those laws do not grant the power, an act taken under the Code can be challenged as beyond authority.