Rights of victims and defendants in criminal cases
Department of Rights and Liberties Protection
According to the Victim Compensation Act and compensation and expenses for defendants in criminal cases, B.E. 2001 and its amendments (No. 2) B.E. 2016
Victims who have suffered damages from the criminal acts
Victims who have suffered damages from the criminal acts of others without their involvement may request compensation from the state in the following cases:
- Physical or mental injury or death due to being attacked, killed, threatened, miscarried, raped, indecently assaulted, raped, restrained, imprisoned, robbed, robbed or invaded.
- Seriously injured or death due to the negligent actions of others
- Children, the elderly, sick people who are helpless and abandoned.
Do as follows: - Report the matter to the police for legal action. At the locality where the incident happened The police officer will notify the right to receive compensation to the injured person or heir who comes to inform.
- See a doctor at the hospital for examination and treatment. In the case of death, notify the relevant agency to issue a death certificate.
- Gather relevant documents and evidence.
- Submit a request for compensation within 1 year from the date you learned of the wrongdoing.
Rights of victims to receive financial assistance
General case
- Necessary expenses for medical treatment Pay as much as actually paid, but not more than 40,000 baht.
- The cost of restoring physical and mental fitness Pay as much as actually paid, but not more than 20,000 baht.
- Expenses for loss of livelihood during the period unable to carry out normal work To be paid at the minimum wage rate in the province in which the work is carried out for a period not exceeding 1 year from the date when work cannot be carried out normally.
- Compensation for other damages To be paid in the amount of money that the committee deems appropriate, but not more than 50,000 baht.
- Expenses related to room and food, not more than 1,000 baht per day.
In case of death
- Compensation shall be paid in an amount ranging from 30,000 baht but not exceeding 100,000 baht.
- Funeral expenses must be paid in the amount of 20,000 baht.
- Lack of support and care Payment must be made in an amount not exceeding 40,000 baht.
- Other damages To be paid in the amount of money that the committee deems appropriate, but not more than 40,000 baht.
The defendant requests compensation and expenses from the state in the following cases:
When the prosecutor is charged as a defendant in a criminal case and is detained while the court considers the case. Later it turned out that the defendant had not committed any wrongdoing and the case had been withdrawn during the legal proceedings or a final judgment had been given to dismiss the complaint against the defendant. The fact was that the defendant had not committed any wrongdoing.
Do as follows:
1. Contact the court official who read the judgment to request a copy of the document by having the official certify that it is a true copy as follows.
- Copies of every court judgment that has been rendered
- Copy of arrest warrant, imprisonment warrant, and release warrant
- Copy of attorney appointment form
- Certificate of finality of the case
2. A copy of the contract to act in cases where you are not a lawyer.
3. Gather relevant documents and evidence
4. Submit a request for compensation and expenses within 1 year from the court granting permission to withdraw the case. or the court has a final judgment
Note: The officer responsible for releasing the defendant will inform the defendant of his right to receive compensation and expenses.
The defendant's right to receive financial assistance
General case
- Compensation for imprisonment at the rate of 500 baht per day.
- Necessary expenses for medical treatment To pay as much as actually paid, but not more than 40,000 baht, which is a direct result of being prosecuted.
- Expenses for physical and mental rehabilitation Pay as much as actually paid, but not more than 50,000 baht, which is a direct result of being prosecuted.
- Lack of benefits earned while being prosecuted To be paid at the minimum wage rate in the province in which the work is carried out. From the day you are unable to work normally.
- Expenses necessary for litigation
A. Attorney's fees shall be paid as much as actually paid. but not exceeding the rate specified at the end of the ministerial regulations.
B. Other expenses in litigation Pay as much as actually paid, but not more than 30,000 baht. - Expenses related to room and food, not more than 1,000 baht per day.
In case of death
- Compensation shall be paid in the amount of 100,000 baht.
- Funeral expenses must be paid in the amount of 20,000 baht.
- Lack of support and care Payment must be made in an amount not exceeding 40,000 baht.
- Other damages To be paid in the amount of money that the committee deems appropriate, but not more than 40,000 baht.
Person entitled to submit a request
- Victim or Defendant
- Heirs who received damage (In the case of the victim or defendant's death)
- Legal representative or guardian (In the case of a minor or an incompetent person who is unable to submit an application on their own)
- Descendants, parents, spouse, any person who provides support or is under the patronage of the victim or defendant.
- Persons appointed in writing in cases of necessity as follows:
A. Being sick to the point of being unable to submit the application in person.
B. Is an elderly person or a disabled person who is unable to travel easily.
C. Traveled abroad and was unable to submit the application within the deadline.
D. There are other necessary reasons that the committee considers on a case-by-case basis.
Right of appeal
In the case that the applicant does not agree with the decision of the sub-committee or committee to have the right to appeal the committee or the Court of Appeal, as the case may be, within 30 days from the date of notification of the decision
How to appeal a decision of a subcommittee/committee
Appeals can be submitted in writing at the following places:
1. Office of Financial Assistance for Victims and Defendants in Criminal Cases Department of Rights and Liberties Protection
2. Provincial Justice Offices nationwide
3. The Court of Appeal or the Provincial Court in which the person is domiciled. (Can be submitted only in the case of a committee decision)
Important evidence required
1. Decision of the subcommittee or committee
2. National ID card (original)
3. House registration (original)
4. Other additional evidence (if any)
Place of application
1. Office of Financial Assistance for Victims and Defendants in Criminal Cases Department of Rights and Liberties Protection
2. Provincial Justice Offices nationwide
3. Police stations throughout the country
4. Prisons and detention centers throughout the country
5. Child and Youth Protection Observation Center/Child and Youth Training and Training Center
6. Institute of Forensic Science
Address, contact phone number and additional information
Hotline 1111 press 77
www.rlpd.go.th
Protection of rights and freedoms in criminal cases for accused persons
Accused means a person who has been accused of committing an offense but has not yet been charged with a crime.
Rights of child offenders
1. Children under 18 years of age have the right to have a psychologist or social worker. Persons requested by the accused and the prosecutor are present during the interrogation. and the investigating officer must proceed separately and in appropriate conditions.
2. In cases with the death penalty or in cases in which the accused is a child under 18 years of age, on the day the investigative officer asks for the accusation, before beginning to ask for testimony, the investigator should ask the accused whether he has a lawyer or not. If it is not available, the state will provide it for them in cases that carry a prison sentence. Before starting to ask for testimony, the investigator should ask the accused person whether he has a lawyer or not. If there is none and the accused needs a lawyer, the state will provide one for them.
3. In identifying the accused who is a child under 18 years of age, the investigating officer must arrange for the identification to be in an appropriate place for the child. and can prevent the accused child from seeing the person being identified.
Rights of the accused under the law
1. The right to meet and consult with a prospective lawyer specifically. And a lawyer has been provided free of charge.
2. The right to have your lawyer or someone you trust listen to your questioning during the investigation.
3. The right to have reasonable visits or contact with relatives.
4. The right to receive medical treatment quickly when sick.
5. The right to be informed of your rights according to points 1-4 from administrative officials or police.
6. Cases with a prison sentence exceeding three years The accused has the right not to allow the investigator to collect tissue samples, skin, hair or fur, saliva, urine, feces, secretions, genetic material, or body parts or to examine the accused.
7. The right to be informed of the facts regarding the alleged offense committed by the accused. Therefore, the charges were informed.
8. The right to receive a prompt, continuous and fair investigation.
9. The right to have an opportunity to answer charges and present facts that are beneficial to oneself.
10. The right to testify or not testify or to ask to testify in court. This is because the testimony may be used as evidence in a court proceeding.
11. The right to be informed of your rights by the investigating officer before asking the accused's testimony.
12. The right to obtain a sign language interpreter or interpreter.
13. The right to request temporary release or to request release from the court in case of unlawful detention.
14. The right to be arrested, controlled, searched without necessity or without reasonable cause.
15. The right to receive an order not to prosecute the accused.
16. The right to request the public prosecutor for a summary of evidence along with the opinions of the investigating officer and public prosecutor in ordering a final order not to prosecute.
17. Right to appeal court order not granting temporary release.
Protection of rights and freedoms in criminal cases for defendants
Defendant means a person who has been charged with a crime.
Rights of the defendant under the law
1. The right to a speedy, continuous and fair trial.
2. The right to be appointed a lawyer to defend in the preliminary inquiry stage. or considered in the Court of First Instance as well as the Court of Appeal and the Supreme Court and asked the court to appoint a lawyer You have to pay for it.
3. The right to consult a lawyer or a person who will be a lawyer individually.
4. The right to inspect things submitted as evidence and make copies or photographs of them.
5. The right to inspect the files of the preliminary inquiry or court consideration. and copy or request a copy that is certified as correct
6. The right to inspect or copy one's testimony in an investigation or documents supporting one's testimony.
7. The right to challenge the judge who is considering the case.
8. The right to object to the withdrawal of the plaintiff's lawsuit.
9. The right not to be prosecuted again.
10. The right not to allow the plaintiff to claim the defendant as a witness.
11. The right to request the court to release If there is an unlawful detention
12. Right to request temporary release from the court
13. Right to appeal or appeal the court order not granting temporary release.
14. The right to be examined and examined in court openly in the presence of the defendant.
15. The right to have the lawsuit read and explained to you.
16. The right not to submit to court.
17. Defendants who are indigent have the right to request a certified copy of their judgment without charge.
18. The right to arrange for an interpreter or sign language interpreter.
19. Right to appeal or appeal court judgments or orders.
20. A defendant who is imprisoned or imprisoned in prison has the right to appeal or appeal to the warden within the time limit for appeals or appeals.
21. The right not to answer questions directly or indirectly. This may cause the defendant who is a witness to face criminal charges.
22. The right to request the court to suspend the forced imprisonment until the mitigating reasons have disappeared.
23. The right to submit a petition for a royal pardon
24. The defendant is a pregnant woman and must be sentenced to death. Have the right to have the execution suspended until 3 years after giving birth and have the right to have the death penalty reduced to life imprisonment.
25. The defendant who was sentenced to death was insane before being executed. Have the right to wait until the execution is complete. If the defendant recovers from insanity after 1 year from the final judgment, he or she has the right to have the death penalty reduced to life imprisonment.
26. In the case that according to the judgment, the defendant must receive a prison sentence or a more severe sentence. and the defendant was not imprisoned The defendant may appeal only if he presents himself to the court officer at the time of filing the appeal.