Thailand Law Library

by Thailand Lawyer

Where a complaint is entered before the expiry of the prescription period under section 7, the inquirer shall hold an inquiry without delay and shall send the domestic violence victim, inquiry files and his opinion to a public prosecutor who must then file a charge with the court within forty eight hours from the time the person committing the act of domestic violence is seized. If the charge cannot be filed within such period of time owing to whatever necessity, the public prosecutor may apply to the court for several extensions not exceeding six days each; prescribed that the court may not grant more than three successive extensions. The law on establishment of municipal courts and criminal procedure thereof shall also apply mutatis mutandis.

Should the act constituting the offence under section 4, paragraph 1, also lead to an offence under other law, the former and latter offences shall jointly be brought to the court. But if the offence under other law is subject to a higher rate of penalty, these offences shall be brought to the court competent under such other law and all provisions of this Act shall also apply mutatis mutandis.

In interrogating a domestic violence victim, the inquirer must permit the presence of a psychiatrist, psychology, social worker or person sought by the victim, who shall be entitled to provide advice to the victim.

In case of an urgent need by which the participation of the psychiatrist, psychology, social worker or person sought by the victim cannot be expected, the inquirer shall conduct the interrogation in his absence, but the inquirer must record the grounds therefor in the inquiry files.

The criteria and procedure for the activities of the inquirers shall be set forth in the rules of the Minister.

Upon information under section 5 or complaint under section 6, no person may print, publish or distribute to the public by whatever means any picture, account or information likely to negatively affect the person committing the act of domestic violence or the domestic violence victim who is party to a case under this Act.

Any person who contravenes the provision of paragraph 1 shall be liable to imprisonment for not more than six months, or a fine of not exceeding sixty thousand baht or both.