Section 58 — Court's power to issue warrants
Statutory text (Thai original)
ศาลมีอำนาจออกคำสั่งหรือหมายอาญาได้ภายในเขตอำนาจตามหลักเกณฑ์และวิธีการที่กำหนดในข้อบังคับของประธานศาลฎีกา
English translation
The court has power to issue criminal orders or warrants within its jurisdiction, in accordance with the criteria and methods prescribed in the regulations of the President of the Supreme Court.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Sitting in the general part on orders and warrants, this provision confirms that the authority to issue criminal warrants is a judicial power exercised within the court's territorial jurisdiction, and delegates the procedural detail to regulations of the President of the Supreme Court. It works together with Section 57, which requires a court warrant for arrest, detention, imprisonment, and search of a private place, and with the specific warrant provisions that follow, including the grounds for arrest warrants in Section 66, search warrants, and detention under Section 71. The reference to Supreme Court President's regulations reflects the post-reform framework in which uniform practice for issuing warrants is set centrally.
Why this matters in practice
For litigants, the key point is that a warrant against you should come from a court with jurisdiction and be issued in line with the Supreme Court President's rules, so the identity of the issuing court and its territorial reach can be grounds to scrutinise a warrant. This matters for both arrest warrants sought during investigation and detention warrants issued once a case is filed. If a warrant has been issued against you, it is prudent to get advice from a Thai lawyer on whether it was properly issued and how to respond.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7116/2544 (2001)
Once the prosecutor files an indictment and the court accepts it, the court has power to issue a warrant detaining the accused during trial, and such detention is a step the court is authorised to take.
The petitioners challenged their custody as unlawful. The Supreme Court held that after the prosecutor filed charges and the court accepted the indictment and issued a warrant detaining them during trial, that detention was within the court's power and did not offend the safeguards against unlawful custody.
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Supreme Court Judgment No. 1200/2504 (1961)
A petition asking the court to issue a search warrant to find and free a person unlawfully detained is treated as also invoking the remedy for unlawful detention under Section 90.
The petitioner asked the court to issue a search warrant to enter a named house and free his wife, who he said had been abducted and unlawfully confined. The Supreme Court held that such a request to the court to issue a search warrant was also to be treated as a petition under Section 90 concerning unlawful detention.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Which court can issue a criminal warrant in Thailand?
Under Section 58, a court may issue criminal orders and warrants within its own territorial jurisdiction, following the regulations set by the President of the Supreme Court.
Does the court set the rules for issuing warrants itself?
The detailed criteria and methods come from the regulations of the President of the Supreme Court, which Section 58 expressly refers to.