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Where shall the application for provisional release be submitted?

The application for provisional release must be submitted at the public relations and services section of the court of first instance where such case is being heard except for an intellectual property and international trade case (IP case) which occurs in the area of Bangkok, Nakhon Pathom, Nonthaburi, Pathum Thani, Samut Prakan and Samut Sakhon. The application for provisional release of such IP case must be submitted at the Central Intellectual Property and International Trade Court.

If filing to the Court of Appeal and regional courts of appeal, the application shall be submitted at the litigation unit (plaint/ charge admission).

If filing to the Supreme Court, the application shall be submitted at the Litigation Section, the Administrative Office of the Supreme Court.

What grounds does the court take into consideration in deciding an application for provisional release?

In deciding an application for provisional release, the following matters shall be taken into consideration:

  1. the gravity of the charge;
  2. the evidence adduced in the case;
  3. the circumstances of the case;
  4. the reliability of the applicant or the securities offered;
  5. the likelihood of the accused or defendant absconding;
  6. the danger or injury that might ensue from the provisional release;
  7. any objection of the inquiry official, public prosecutor, claimant, or injured person, if any;
  8. any fact, report, or opinion of the officer in which law providing or vesting power to act on that matter. In case where the accused or defendant is a juvenile**, the court shall consider conduct, previous history, background and environments of a juvenile and the parents who are taking care of such juvenile.

On what grounds shall the court deny the application for provisional release?

The court shall exercise his/her discretion to deny provisional release only upon any substantial ground for believing as follows:

  1. the accused or defendant is likely to abscond;
  2. the accused or defendant would interfere with the witness or evidence;
  3. the accused or defendant would commit further offence and other danger;
  4. the applicant or security is not credible;
  5. if provisional release is granted, this will cause an obstruction or damage to the investigation of the officer or the proceeding at the court.

 

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