Although the presumption of innocence is guaranteed by the Thai constitution, the procedural rights of the defendants in criminal prosecution might be weaker than in your home country.

The Thai Criminal Courts sometimes sentence even first offenders to imprisonment even for relatively minor offences. In case of more serious crimes, do not expect leniency as a foreigner from Thai courts. In case of criminal prosecution and arrest by the police, it is very important to consult an experienced defense attorney at the earliest possible stage of the proceedings.

If you fail to show up to a scheduled police interrogation, an arrest warrant will be issued without delay, and your passport could be confiscated. Bail is granted only for certain offences, and as a foreigner the amount of the bail bond might be higher.

Transfer of foreign prisoners to the criminal judicial system of their home countries is another topic of high importance for foreign convicts in Thai prisons. Thailand has entered into respective treaties governing transfer of prisoners with the following countries to name a few: Germany, France, Spain, Canada, USA, Italy, Sweden, United Kingdom, Austria, Hong Kong, China, Australia, Netherland, Japan and Switzerland. That means in some cases as a convict you may be transferred to your home country upon your application.

Advocates Moser & Partners is one of few Thai law firms which specialize in criminal defense services for foreigner. Precise knowledge of the Thai criminal justice system is indispensable for dealing successfully with Thai police, criminal prosecutor and criminal courts. Advocates Moser & Partner has experienced Thai defense attorneys on its team who will not let you down when dealing with the Thai criminal justice system.