Background

The right to bail is guaranteed in the Thailand Constitution. The process of obtaining bail has similarities and differences to the bail process in many other countries. However, there are also some important differences.

The police can initially impose bail after an arrest, and before the case file is forwarded to a Prosecutor. Once the case is formally transferred to the State Prosecutor, the bail requirement is transferred, and then overseen, by the court. Decisions on whether to grant or deny bail are decided by a special administrative judge. Bail can be denied if the court believes that the accused is a flight risk, or is a risk to public safety.

Although the Thailand Constitution enshrines the right to bail and the right to due process, including the right to present evidence and cross-examine adverse witnesses, Thailand courts do not currently allow an accused a hearing to allow the accused to present witnesses and cross-examine prosecution witnesses.

The police and the courts have the right to impose special conditions for release, such as an electric monitoring bracelet. The police and courts routinely collect the passports of foreign persons who are accused of crimes.

Our Experience

Our attorneys have been successfully assisting clients with bail proceedings since 2001. The bail process is a distinct legal process with its procedures and requirements. We specialize in bail applications, applications for reduction of bail, and alternative release procedures. We have a track record of proven success in complex and high-profile criminal cases.