Extradition Requests

Thailand is notorious for being one of the places where foreign fugitives flee to in order to lay low and avoid apprehension. This may be due to the low cost of living, lax immigration policy, corruption issues, and under-resourced legal authorities. However, Thailand has signed extradition treaties with various countries to counter this, and fugitives caught breaking Thai criminal law can be handed over to foreign authorities to face additional consequences.

On this page, we will break down what extradition in Thailand means, its requirements, and the legal proceedings.

Thailand Extradition Treaty and Proceedings

The term extradition refers to the legal process of surrendering a suspected criminal or fugitive to the legal system of another country for the purposes of judicial proceedings or serving a sentence.

Extradition is far from simple, as there is more than one country and legal system involved. Some cases can be fraught with political tension and the treaty does not guarantee a smooth process. For any foreigners in Thailand who are facing or could face extradition, having an experienced and qualified lawyer is a necessary measure to work toward a desired outcome, as extradition may or may not be the best choice for the accused based on their offenses.

The Law Governing Extradition in Thailand

The Extradition Act B.E. 2551 (2008) provides guidance in governing extradition cases in Thailand. While other criminal charges may be based on the Thai Criminal Code or other relevant laws, cases that involve extradition will be determined by the Extradition Act and the individual treaty agreed upon between countries.

For instance, if the US authority issues a request to Thailand for the extradition of a fugitive, the applicable sources of law will be the current Extradition Act and the US-Thai Extradition Treaty.

The details outlined in each treaty may be different, but most contain similar fundamental provisions including conditions in which an extradition request is accepted or refused. In an event where a treaty does not exist, the Thai Extradition Act will apply.

Countries Having an Extradition Agreement with Thailand

Thailand has joined forces with many countries to arrange for mutual legal assistance. Currently, Thailand has signed extradition treaties with the following countries:

• Americas: United States
• Asia: Bangladesh, Cambodia, China, Indonesia, Laos, Malaysia, Philippines, South Korea
• Europe: Belgium, Hungary, United Kingdom
• Oceania: Australia, Fiji

However, this does not mean Thailand will deny extradition requests from countries that are not listed above. In the past, Thai authorities have surrendered and dispatched fugitives to other states that have not signed the treaty with the Kingdom.

This is because, with the principle of "double criminality" recognized by Thai law, the accused is extraditable if the crime committed is punishable in both Thailand and the requesting state. Therefore, Thai authorities may agree to transfer the convict to a foreign state without the extradition treaty signed.

Extradition Requirements

Under Thai law, the extradition request must meet certain criteria for the extradition to take place, as we will go into below.

Types of Crimes

According to the Extradition Act, certain crimes are eligible for extradition. These include the following:

• Crimes punishable by the death penalty
• Crimes punishable by imprisonment and other forms of confinement that deprive an individual of their liberty for a period of one year or more

So, for example, a foreigner wanted for a crime or misdemeanor with a maximum sentence of 6 months will likely not be extradited, as the crime is likely not serious enough to warrant the process.

Extradition can also be made for inchoate offenses such as incitement and conspiracy. However, all these offenses listed above must be indictable both in Thailand and the requesting state. Furthermore, Thailand may claim jurisdiction and decline the request to extradite their own people.

For instance, Thailand may refuse to extradite the accused if the crimes are politically related or if the retribution that will be imposed by the requesting state involves extreme punishment or torture.

Extradition Conditions

The Thai government may surrender a suspect or convicted criminal to the requesting state to stand trial or face punishment under the following conditions:

• The offenses must be qualified for extradition under Thai laws
• The accused must not be charged with political crimes
• The nature of the crime must not be solely related to the military
• The extradition will not violate any other laws enforced in the Kingdom
• There is no final ruling from the requesting state that the individual involved is innocent
• The individual has not been granted amnesty in the requesting state
• The individual has not served sentences or received the penalty in the requesting state
• The individual is eligible to stand trial for the offenses charged

Extradition Request in Thailand Requirement

Thailand, like most other States, will make an arrest on the basis that a warrant has been issued in the requesting country. The warrant should set out (if possible) all the offenses for which the subject of the extradition is wanted. The following information should also be included in the request for provisional arrest extradition:

• Statement of Facts: A brief summary to prove that the conduct alleged amounts to an extradition crime.
• Statement of Law: A statement providing information regarding the offense and the maximum penalty.
• Particulars of Identity: Any information that will assist with the identification of the accused such as photographs, fingerprints, and information regarding the address or area where the accused might be located.

Extradition Procedure in Thailand

As section 8 of the Extradition Act states: "The extradition will commence with an extradition request front the requesting state," the extradition procedure is as follows:

• Extradition Request: For countries that signed an extradition treaty with Thailand, the request will be communicated to the Attorney General. On the other hand, countries that have no extradition treaty with the Kingdom will submit their requests through normal diplomatic channels. In addition, all supplementary documents and evidence with the request must conform to the guidelines stipulated in the Thai Ministerial Regulations.
• Arrest of the Accused and Hearings: Upon arresting the individual for extradition, the court will conduct the hearings incessantly and without delay. Individuals will be represented by a lawyer either appointed by themself or the court.
• Transfer of the Accused: If the extradition is successful, in which all underlying conditions are met, the custody of the accused will be transferred to the law enforcement authority of the requesting state.

Hire a Criminal Defense Lawyer

If you are involved in a criminal case in Thailand and extradition is on the table, it is important that you retain the services of a bilingual criminal defense lawyer. They will help you navigate Thai law in this area, determine if extradition is something to be fought for or against, and defend you in court to fight for your desired outcome.

If you are looking for a reliable and experienced criminal defense lawyer in Thailand, contact Siam Legal International. We’re a full-service law firm with over 20 years of experience in handling extradition cases for clients from all around the world.

Whether you wish to be extradited to the country requesting the extradition or wish to avoid being returned to a different jurisdiction, we will aid you in reasoning your case out with the Thai court. If you are a Thai national and are being held in a foreign country, we will fight on your behalf for your right to return to the Kingdom.

Should you have any further questions regarding extradition in Thailand, do not hesitate to contact Siam Legal.