Learn the key stages of the Thai criminal justice process: From arrest and investigative detention to trial, sentencing, appeal, and prison conditions.

This guide explains how long you can be held without charges, how bail works, what to expect in court, and what rights you have as a foreign national in the Thai legal system.

1. Arrest and Initial Police Custody in Thailand

If you are arrested in Thailand, police authorities can detain you for up to 48 hours without a court order. During this period, you may be questioned about the alleged offense. After the 48-hour window, the police must either release you or bring you before a judge for a “show cause” hearing. At this hearing, the judge will determine whether to grant your release or authorize further detention of up to 12 days while the investigation continues.

2. Investigative Detention and Remand Prison Transfers

Following judicial approval, you may be transferred from a police holding cell to a remand prison in Thailand. Judges must reauthorize your detention every 12 days, and this can be renewed up to seven times (maximum 84 days) if the prosecutor has not yet filed charges. During this investigative detention phase, bail in Thailand may be possible, although it typically requires cash or asset-backed surety located in the country.

3. Prosecutorial Review and Filing of Criminal Charges

No later than 91 days after arrest, Thai prosecutors must decide whether to file formal charges. This includes up to 84 days of investigation plus 7 days for final prosecutorial review. If charges are filed and approved by the court, your case proceeds to the pre-trial stage.

4. Pre-Trial Proceedings in Thai Criminal Cases

The pre-trial phase in Thailand can range from a few weeks to several months, depending on the court’s caseload and scheduling availability. There is no formal discovery process in Thai criminal procedure, meaning you and your defense attorney may not have access to evidence before trial. Case strategy is generally handled by Thai attorneys with minimal client input.

5. Trial Process in Thailand: No Jury, Thai-Language Proceedings

Thailand does not conduct jury trials. For minor offenses, a single judge presides; for more serious criminal charges, a panel of two or more judges is required. Trials are held in Thai, and interpreters may not be readily available. Depending on case complexity, the trial could last one day or several sessions. The verdict is not issued immediately; it is typically read out in court several weeks after the trial concludes.

6. Sentencing Guidelines and Outcomes in Thai Criminal Courts

Sentencing in Thailand is discretionary, with judges considering the seriousness and context of the offense. Penalties may include fines, imprisonment, or both. In some cases, admitting guilt can result in a reduced or suspended sentence, though this does not guarantee protection from deportation after conviction. Sentences for drug-related offenses in Thailand are often significantly harsher than in many Western countries.

7. Appeals and Royal Pardons in Thailand

If convicted, you have 30 days to appeal either the verdict or the sentence. The prosecutor also has the right to appeal an acquittal or a sentence viewed as too lenient. Appeals are reviewed by panels of judges, not retried. There are two levels of appeal in Thailand: the Court of Appeal and the Supreme Court. These processes can take months or even years. Once all legal remedies are exhausted, a convicted individual may apply for a Royal Pardon through prison authorities.

8. The Thai Prison System: Conditions and Foreign Detainees

Thailand’s prison system is notoriously overcrowded, and conditions can be challenging. Detainees receive basic meals, but the quality and quantity may be unfamiliar or inadequate. Family and friends can visit during scheduled hours, provide financial support through prison accounts, and purchase essential items from the prison store. All incoming and outgoing letters are monitored by prison authorities, who may censor content deemed inappropriate.

9. Transfer, Deportation, and Foreign Inmate Rights in Thailand

Convicted individuals may be relocated to other prisons across Thailand. Foreign nationals are often transferred to Klongprem Central Prison in Bangkok or remain in the provincial prison where the conviction occurred. Under specific bilateral agreements, some foreign prisoners may apply for prisoner transfer to their home country. However, most foreigners are deported after serving their sentences in Thailand.

‍

FREQUENTLY ASKED QUESTIONS:

Q: How long can the police detain me without charges in Thailand?

Police in Thailand can detain you for up to 48 hours without a court order. After that, they must seek approval from a judge to continue your detention.

Q: What is a "show cause" hearing in Thailand?

A show cause hearing is where a judge decides whether to release you or authorize further detention for up to 12 days while the investigation continues.

Q: How long can I be held during the investigation?

You can be held for a maximum of 84 days during the investigation phase, broken into seven 12-day periods, each requiring court approval.

Q: Can I get bail while being held in Thailand?

Yes, bail is possible for most offenses, but you typically need to provide cash or assets as surety. Bail must be approved by the court.

Q: When are charges officially filed?

The prosecutor must file charges within 91 days of your arrest. This includes the investigation and review period.

Q: Do I have access to evidence before trial?

No. Thailand does not have a formal discovery process, so you will not see the evidence against you before the trial begins.

Q: Are there jury trials in Thailand?

No. All trials are decided by judges only. Misdemeanors are usually heard by one judge; serious cases require two or more judges.

Q: Will the trial be in English?

No. All court proceedings are conducted in Thai, and interpreters are not always available.

Q: What are the typical sentences for criminal convictions in Thailand?

Sentences can include fines, imprisonment, or both. Drug offenses often carry much harsher penalties than in Western countries.

Q: Can I appeal a conviction in Thailand?

Yes. You have 30 days to file an appeal. You can challenge the verdict or the sentence, and the prosecution may also appeal.

Q: What are prison conditions like in Thailand?

Thai prisons are often overcrowded. Basic necessities are provided, but families can bring additional food or deposit money into your prison account.

Q: Will I be deported after serving a sentence in Thailand?

In most cases, foreigners are deported after completing their prison sentence in Thailand.