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Financial Crimes Investigation Process in Thailand
A Vibrant Economy with Strict Regulations
Thailand is a thriving economy in Southeast Asia that has attracted numerous businesses to pursue opportunities in the country. However, the well-developed regulatory regime in Thailand means that companies can unintentionally fall afoul of the legal requirements and find themselves having to defend against financial crimes.
Understanding the Criminal Proceedings in Thailand is Crucial
The legislative system in Thailand is based on a civil law system, which influences Thai courts’ decisions. Most criminal offenses are contained in the Penal Code, while other offenses are prescribed in the country’s acts. Although most offenses are misdemeanors, many can result in imprisonment, making it essential for companies and individuals to understand how financial crimes investigations work in Thailand.
Company Liability and Individual Accountability
Companies charged with a financial crime are subject only to fines. However, company directors or representatives may be accused as codefendants alongside the juristic person itself. These individuals can be found guilty if the accuser proves they were involved with the offending act.
Key Points:
- Companies are liable for financial crimes
- Directors and representatives may also face prosecution
- Fines are imposed on companies, while individuals may face imprisonment
Burden of Proof and Adversarial System
In Thailand, the plaintiff must prove the defendant’s guilt beyond a reasonable doubt. Cases are decided by a judge, as there is no jury system in Thailand. The adversarial system is used in courtroom proceedings, where two opposing advocates represent their clients’ cases before one or more judges.
Key Points:
- The burden of proof lies with the plaintiff
- Judges decide cases without a jury
- Adversarial system is used to resolve disputes
Initiation and Procedures
A financial crime prosecution can be initiated when someone submits a complaint to the police or the court. Both methods are described below:
Police Complaint:
If the complaint is submitted to the police, the prosecution will be handled by a police officer and a public prosecutor. Upon reviewing and accepting the complaint, the police will initiate an investigation.
Private Criminal Court Action:
A complainant has the option to bypass the police and prosecutor by bringing a “private” criminal action against an accused party directly to the court. The court will conduct a preliminary “investigative” hearing to determine whether the accusation has merit.
Litigation and Appeal
In both routes, the first hearing marks the starting point of the court litigation. Financial crimes cases usually take about a year for the lower court to complete all hearings and deliver its judgment. In general, a lower court judgment can be appealed within one month to the Court of Appeal.
Key Points:
- The first hearing starts the court litigation
- Cases typically take a year to complete
- Judgments can be appealed
Rights and Restrictions for Defendants
Defendants are entitled to freely enter any plea in the case. They also have the right to present evidence and witnesses to prove their innocence to the court. However, the court can deny bail if it believes the accused may abscond, tamper with evidence, or be harmful to the public.
Key Points:
- Defendants have the right to a fair trial
- The court can restrict bail under certain circumstances
Handling Financial Crimes Litigation in Thailand
In summary, like in many jurisdictions, financial crimes litigation can be complex in Thailand. However, the procedures are usually predictable. It is crucial for defendants to secure experienced and qualified local counsel who is well acquainted with the financial crimes litigation process in Thailand.
By doing so, parties who may face financial crimes litigation in Thailand can address the process proactively and minimize the risk of serious consequences. A capable lawyer can prevent surprises by keeping the client informed of every development and of what to expect at each stage. And a truly skilled and seasoned lawyer will be able to work the process to the client’s advantage, build a strong case for the defense, and anticipate the moves of opposing counsel.