In this case, Mr. Som had already known that Mr. Sak had voluntarily surrendered before the court and had been granted provisional release on bail. Notwithstanding such knowledge, Mr. Som intentionally used a copy of the arrest warrant to induce the police to apprehend Mr. Sak again.
According to the Supreme Court Judgment No. 2160/2521, such conduct constitutes an offence against personal liberty under Section 309 of the Thai Penal Code. Mr. Som, having acted with knowledge and intent, is liable for causing unlawful detention.
Mr. Sak’s act of mocking or challenging others to arrest him does not, in itself, amount to any criminal offence.
As for the police officers, they executed the arrest under a mistaken belief that the warrant remained effective. Acting without criminal intent and under an error of fact, they incur no criminal liability.
