Investigating Officer’s Actions Regarding Suspect’s Voluntary Presentation
Article 5, Mr. Sombat filed a complaint with the investigating officer of the Samut Prakan Police Station alleging that Mr. Somchai assaulted him, causing injury. During the investigation, the investigating officer of the Samut Prakan Police Station was unaware of the incident. Upon learning of the matter, Mr. Somchai voluntarily presented himself to the investigating officer, who subsequently charged him and conducted an investigation before releasing Mr. Somchai without any bail agreement. Following the completion of the investigation, the officer requested Mr. Somchai to appear and brought him before the Public Prosecutor as follows: Regarding the actions of the investigating officer as described above, is it proper? The Public Prosecutor received Mr. Somchai from the officer or ordered his temporary release?
(1) It is established that the investigating officer charged the suspect who approached the officer himself, without obtaining an arrest warrant. This action complies with Section 134(4) of the Thai Penal Code Procedure Act, 2017, regarding the procedures for questioning a suspect.
(2) Given that Mr. Somchai had not been apprehended, the investigating officer lacked the authority to control or temporarily release Mr. Somchai, in accordance with Section 87, 106, and 113 of the Thai Penal Code Procedure Act.
(3) When the Public Prosecutor received Mr. Somchai’s case file from the investigating officer, and there was no arrest of Mr. Somchai, the Prosecutor lacked the authority to control or temporarily release Mr. Somchai. Mr. Somchai failed to appear for a scheduled appointment with the Public Prosecutor, and efforts to bring him for further proceedings were unsuccessful.
The initial court ruled that defendants Mr. Dam and Ms. Ang had committed the offense of illegal trade.