Section 77 — Nationwide validity and execution of an arrest warrant
Statutory text (Thai original)
หมายจับให้ใช้ได้ทั่วราชอาณาจักรการจัดการตามหมายจับนั้นจะจัดการตามเอกสารหรือหลักฐานอย่างหนึ่งอย่างใดดังต่อไปนี้ก็ได้
(๑) สำเนาหมายอันรับรองว่าถูกต้องแล้ว
(๒)
โทรเลขแจ้งว่าได้ออกหมายแล้ว
(๓) สำเนาหมายที่ส่งทางโทรสาร
สื่ออิเล็กทรอนิกส์ หรือสื่อเทคโนโลยีสารสนเทศประเภทอื่น ทั้งนี้
ตามหลักเกณฑ์และวิธีการที่กำหนดในข้อบังคับของประธานศาลฎีกาการจัดการตาม
(๒) และ
(๓)
ให้ส่งหมายหรือสำเนาอันรับรองแล้วไปยังเจ้าพนักงานผู้จัดการตามหมายโดยพลัน
English translation
An arrest warrant is valid throughout the Kingdom. The execution of an arrest warrant may be carried out on the basis of any one of the following documents or evidence: (1) a copy of the warrant certified as correct; (2) a telegram giving notice that a warrant has been issued; (3) a copy of the warrant sent by facsimile, electronic media, or other information technology media, in accordance with the criteria and procedures prescribed in the regulations of the President of the Supreme Court. In the cases of (2) and (3), the warrant or a certified copy shall be sent to the officer executing the warrant without delay.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 77 opens the chapter on arrest, detention, and imprisonment by confirming that an arrest warrant has nationwide effect and by setting out the acceptable forms of documentation for executing it. Beyond a certified copy, it permits execution on the strength of a telegram or a copy transmitted by fax, electronic media, or other information technology, subject to the regulations of the President of the Supreme Court, reflecting modernization of warrant handling. Where a telegram or electronic copy is relied on, the warrant or a certified copy must still follow to the executing officer without delay. The arrest procedures that officers must observe are elaborated in the sections that follow, notably Sections 78 to 86.
Why this matters in practice
For anyone facing arrest, the key takeaways are that a warrant issued by one court can be executed anywhere in the country, and that officers may act on a certified copy or an electronic or telegraphed notice, not only the paper original at hand. This means it is worth asking to see the documentation and noting what form it took. Separately, courts have held that even if an arrest is carried out unlawfully, that is a distinct matter that does not by itself invalidate the criminal prosecution, so procedural defects at arrest are usually challenged as their own issue. If you have questions about how your arrest was handled, taking early advice from a lawyer is sensible.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 99/2541 (1998)
The arrest procedures that officers must follow are in Sections 77 to 86, but even an unlawful arrest is a separate matter that does not affect the criminal prosecution.
The defendant argued that the arrest record was made without reading it to him or informing him of his rights, contrary to the arrest procedures officers must follow under Sections 77 to 86. The Court held that whether or not the arrest was unlawful is a separate matter to be pursued on its own, and does not affect the prosecution of the criminal case under Section 120, so the point could not be raised on further appeal.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Is a Thai arrest warrant valid across the whole country?
Yes. Section 77 provides that an arrest warrant is valid throughout the Kingdom, so a warrant issued by one court can be executed anywhere in Thailand.
Can police arrest on a copy of a warrant rather than the original?
Yes. Section 77 allows execution on a certified copy, a telegram stating a warrant has been issued, or a copy sent by fax or electronic media, provided the original or certified copy is then forwarded without delay.
Does an unlawful arrest cancel the criminal case?
No. Courts have held that even if the arrest is unlawful, it is a separate matter that does not by itself invalidate the prosecution; the arrest procedures are set out in Sections 77 to 86.