Bail Application in Thai Law

Types of Bail Applications

1. Bail during pretrial detention: This type of bail is applied for while the suspect is still not charged with a crime.

2. Bail in the first instance court: This type of bail is applied for after the prosecutor has filed a charge with the first instance court, or in cases where a private individual has filed a charge and the first instance court has held a hearing on the merits of the charge and has accepted the case.

3. Bail on appeal or cassation: This type of bail is applied for after the first instance court has convicted the defendant of a crime.

Types of Bail

1. Bail without surety: This is where the defendant swears before the court or pledges that they will appear in court as scheduled or when summoned.

2. Bail with surety: This is where a bail agreement is made with the court that the defendant will appear in court as scheduled or when summoned. If the defendant does not appear, the surety will be liable to a fine as stipulated in the bail agreement made with the court.

3. Bail with surety and collateral: This is similar to bail with surety, but with the addition of collateral being posted.

Who Can Apply for Bail

1. The suspect or defendant
2. Interested parties, such as parents, descendants, spouses, relatives, superiors, etc.

Where to Apply for Bail

1. If the suspect is detained and has not yet been charged, the application must be submitted to the investigating officer or the prosecutor.
2. If the suspect has been detained and has not yet been charged, the application must be submitted to the court that has jurisdiction over the case.
3. If the defendant has been charged by the court, the application must be submitted to the court that has charged the defendant.
4. If the case is on appeal or cassation:

• If the case file is still with the first instance court, the application must be submitted to the first instance court that tried the case. If the first instance court deems it appropriate to release the defendant on bail, the first instance court may order the defendant's temporary release. However, if the first instance court does not agree, it must promptly send the application along with the case file to the Court of Appeal or the Supreme Court for further orders.
• If the case file is already with the Court of Appeal or the Supreme Court, the application may be submitted to the first instance court and forwarded to the higher court. The first instance court cannot issue any orders on its own, as the case file is no longer with the first instance court and the first instance court does not have jurisdiction. Alternatively, the application may be submitted directly to the Court of Appeal or the Supreme Court, as appropriate.

Additional Notes

• The court will consider the following factors when deciding whether to grant bail:

• The severity of the charge
• The evidence
• The circumstances of the case
• The reliability of the applicant or their surety or collateral
• The likelihood of the accused or defendant absconding
• The danger or harm that may result from the provisional release

• If bail is granted, the defendant will be released from custody and will be required to comply with certain conditions, such as appearing in court as scheduled and not leaving the country.

• If the defendant fails to comply with the conditions of bail, the court may revoke the bail and order the defendant back into custody.

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