Bangkok Legal Service

The investigating officer of Don Mueang Police Station, on June 2544, was charged pursuant to the Immigration Act B.E. 2525, regarding the authority of the Provincial Court and forgery offenses, and was detained in that case since his arrest and the authority of the Criminal Court for judgment. Mr. K., the investigating officer, transferred him to be detained in the Criminal Court. Subsequently, on the 3rd, the investigating officer of Lat Phrao Police Station requested an arrest warrant, and on the same day, he investigated and charged Mr. K. with five days of questioning. On the 6th, being within the authority of the Provincial Court, after Mr. K. was detained on June 2544, the Don Mueang Police Prosecutor indicted Mr. K. for forgery of official documents pursuant to the Immigration Act before the Criminal Court on June 2544. The Criminal Court accepted the indictment solely for the forgery of official documents, which Mr. K. denied and was temporarily released on bail. The offenses under the Immigration Act did not show any postponement of the indictment, therefore the prosecutor did not accept the indictment. On the date the Criminal Court permitted Mr. K. to be released temporarily, the investigating officer, Mr. K., went to the Criminal Court to pursue charges of assault by handing over Mr. K. to Lat Phrao Police Station, who received Mr. K. to the Provincial Court on the same day, but the prosecutor indicted Mr. K. immediately on that day, therefore he submitted a request for postponement of the indictment to the Provincial Court on the 8th of June 2544, before the expiration of 48 hours from the time he was taken into custody by Lat Phrao Police Station. The Provincial Court issued an order rejecting the postponement request as follows. The ruling of the Criminal Court not accepting the indictment and the order of the Provincial Court regarding whether or not the request for postponement was lawful or in accordance with the law. The Prosecutor had the power to indict Mr. K. pursuant to the Immigration Act, which was in the jurisdiction of the Provincial Court and the offenses of forgery of official documents before the Criminal Court, without needing to postpone and detain the defendant pursuant to the Act Establishing Provincial Courts, Criminal Court in the Provincial Court, because it was a case of multiple offenses related to each other, which the case was brought to the Criminal Court which has the authority to adjudicate offenses with a higher penalty. According to Section 24 of the Criminal Procedure Code, there is no need to comply with Sections 3 and 4. The fact that the Criminal Court did not accept the consideration of the Criminal Court in the Provincial Court and the use of it in the Province, the prosecutor filed a charge against Mr. K. pursuant to the Immigration Act B.E. 2522, the order of the Court, the law pursuant to the Act Establishing Provincial Courts and Criminal Procedure in the Provincial Court B.E. 2499, Section 7, stipulates that the investigating officer must transfer the arrested suspect to the Prosecutor to file charges within 48 hours from the time of arrest, when it became apparent that the investigating officer of Lat Phrao Police Station seized Mr. K. on the 3rd of June 2544 and on the same day, he notified the charges and questioned Mr. K. This was a case where the investigating officer of Lat Phrao Police Station arrested Mr. K. and then sent him to the Prosecutor. Therefore, the investigating officer of Lat Phrao Police Station must send Mr. K. to the Prosecutor within 48 hours from the time he was arrested. The fact that the investigating officer of Lat Phrao Police Station sent Mr. K. to the Provincial Court on the 7th of June 2544 and the Prosecutor in charge of the Provincial Court filed charges on the 8th of June 2544, exceeded the 48-hour period from the time he was arrested. Therefore, the Provincial Court could not accept the request. The order of the Provincial Court rejecting the request was deemed to be valid.