NCJ Number
195938
Date Published
September 2001
Length
25 pages
Annotation
This article takes the experience of Thailand as a model for discussion of the issues of mutual legal assistance and extradition.
Abstract
In Thailand, the Extradition Act B.E. 2472 enacted in 1929, is the fundamental legislation for all extradition proceedings so far as it is not inconsistent with the terms of any treaty, convention, or agreement with a foreign state. Thailand may surrender to a foreign state the person accused or convicted of crimes committed in the jurisdiction of that state even if there is no treaty, provided that by the laws of Thailand such crimes are punishable with imprisonment of not less than 1 year. The Extradition Act B.E. 2472 is no longer able to cope with modern concepts and the progress of contemporary extradition. The Act does not specify the definition of extraditable offenses. The minimum 1 year imprisonment basis has been the sole element to determine the extraditability of the offenses. It has been used as the model for negotiation of later treaties between Thailand and foreign states on several occasions. A Representation clause can counter the refusal of extradition and should be encouraged. In countries like Thailand the refusal of extradition due to the lack of a treaty may not occur or is very rare. Unlike that of European countries, mutual legal assistance in Thailand does not stem from an extradition treaty. Thailand adopted the Act on Mutual Assistance in Criminal Matters, B.E. 2535, in 1992, which is the main legislation to be applied to all processes of providing and seeking assistance upon the request from foreign states or Thai agencies. Assistance in Thailand may be granted even if there is no treaty between Thailand and the requesting state provided that such state commits to assist Thailand under the similar manner when requested. Requirement of “double criminality” in mutual legal assistance is one of the debatable issues. The principle of double criminality requires that the conduct underlying the assistance requested must also be a criminal offense punishable under the laws of the requested state, otherwise such request may be refused. 31 notes, 4 appendixes