Cross-Border Criminal Conspiracy and Foreign National Jurisdiction Issues
Mr. Lee and Mr. Seng are Chinese nationals residing in Singapore. Mr. Lee murdered Mr. Mat, a Malaysian national, in Thailand. Mr. Seng agreed to be hired and traveled to Thailand. Upon meeting Mr. Mat, Mr. Mat hired Mr. Seng to murder Mr. Lee. Mr. Seng agreed and returned to Singapore, using a pistol with concealed ammunition to avoid Mr. Lee. Consequently, Mr. Lee, Mr. Seng, and Mr. Mat are liable for offenses and penalties within the Kingdom of Thailand. The answer is: Mr. Lee committed the offense of entrusting Mr. Seng to commit a crime, but the offense was not committed by Mr. Lee. Mr. Lee is liable for the offense of attempted murder, pursuant to Section 84 and 289 of the Penal Code, but due to the fact that he committed the offense outside the Kingdom of Thailand and there is no liability under Section 6 of the Penal Code, nor under Section 5 of the Penal Code due to the absence of a relevant jurisdiction and no resulting effect, Section 8 of the Penal Code is inapplicable due to the absence of a Thai national, therefore Mr. Lee cannot be punished within the Kingdom of Thailand. Mr. Seng attempted to murder Mr. Lee in Singapore. However, both Mr. Lee and Mr. Seng are foreign nationals, therefore there is no liability under Section 8 of the Penal Code of the Kingdom of Thailand. Mr. Mat used Mr. Seng in Singapore to commit a crime. Mr. Seng is liable for the offense of attempted murder, pursuant to Section 289, 8, and 58 of the Penal Code.
The Public Prosecutor has the power and duty as follows: (1) In criminal cases, the Prosecutor has the power and duty pursuant to the Criminal Procedure Code and other laws which stipulate the power and duty of the Public Prosecutor or the Prosecutor, to prosecute on behalf of the government in all courts, and (2) In civil cases, the power and duty pursuant to other laws which stipulate the power and duty of the Public Prosecutor or the Prosecutor, and (3) In criminal or civil cases where public officials are charged for acts performed in the course of their duty or in criminal or civil cases where a private individual is charged for acts pursuant to the orders of an official made in accordance with law, the Prosecutor may participate.
Mr. Somjit was sued by Mr. Jai for bankruptcy, and the court issued an order to protect assets.