Prosecution Jurisdiction Over Defendant Detained Outside Original Jurisdiction
Article 2. And was detained in prison Bang Khwang, Nonthaburi Province. He was also charged in another case of theft, Case No. 178, which was investigated by the Chiang Mai Police Station, Provincial Police Division, and subsequently prosecuted. The case file was forwarded to the Chiang Mai Provincial Prosecutor’s Office for handling. Defendant, Mr. Dam, was detained in prison Bang Khwang, Nonthaburi Province, as follows: The Chiang Mai Provincial Prosecutor’s Office will accept the case file for consideration. The reasons for this are as follows: If the case involving Mr. Dam being detained in prison Bang Khwang, Nonthaburi Province, has not yet reached its final conclusion, being during the consideration of the Supreme Court, will the Chiang Mai Provincial Prosecutor’s Office accept the case file alleging theft for prosecution? The reasons are as follows:
According to the Criminal Procedure Code, Section 2, “When a crime occurs or is believed to have occurred within the jurisdiction of a court, and when the defendant has a residence or is apprehended in a locality, or when a police officer conducts an investigation in a locality outside the jurisdiction of that court, the case may be transferred to the court in that locality.”
The facts presented are that the theft occurred within the jurisdiction of Chiang Mai Province. However, according to the Criminal Procedure Code, the power to transfer the case is as provided in Section 22(1) of the Revised Statute, which states: “In cases where a prosecutor is of opinion to institute proceedings, the investigating officer shall forward the case file together with the accused to the prosecutor, unless the accused is already in custody.”
In this case, the investigating officer forwarded the case file to the Prosecutor with a recommendation to prosecute, but could not do so because Mr. Dam was detained in prison Bang Khwang, Nonthaburi Province. The investigating officer will not file the case with the court that the Prosecutor will file, and the Prosecutor of Chiang Mai Province cannot accept the case file.
The Civil and Commercial Code, Section 47 (Revised, B.E. 2535) stipulates that the place of residence of Mr. Dam and the court having jurisdiction over the case shall be the Nonthaburi Provincial Court, according to the Criminal Procedure Code, Section 22(1). Given that the case involving Mr. Dam has not yet reached its final conclusion in prison Bang Khwang, Nonthaburi Province, it is not considered his place of residence according to the Civil and Commercial Code and the Criminal Procedure Code, Section 22(1).
Residence of the Detained Person according to the Civil and Commercial Code and the Criminal Procedure Code, Section 22(1). The Nonthaburi Provincial Court and the investigating officer must forward the case file together with the accused to the Chiang Mai Provincial Prosecutor’s Office. They cannot transfer Mr. Dam and Mr. Dam was not detained within the jurisdiction of the court. Therefore, the Chiang Mai Provincial Prosecutor’s Office cannot accept the case file until Mr. Dam is apprehended.
The Prosecutor charged the defendant that the defendant used a firearm without a registration to shoot Mr. Jan.