HomeThailand Extradition Lawyers and Attorneys
Extradition matters in Thailand should be taken with the utmost seriousness, as they can fundamentally alter your life in the long term. As such, it’s imperative to seek legal assistance from qualified extradition lawyers when you have committed a crime that warrants deportation to your home country or have an Interpol red notice.
Our extradition lawyers in Thailand have vast experience with extradition proceedings and will help you navigate the Thai laws, ensuring a fair and accurate representation of your interests in court. We are authoritative experts in international law, thus we can provide comprehensive assistance with extradition matters in Thailand.
Extradition in Thailand
Extradition is the process by which one country hands over a person accused or convicted of a crime to another country to face criminal charges or to serve a sentence.
Active extradition involves transferring individuals wanted for criminal prosecution to Thailand. Passive extradition refers to extraditing individuals from Thailand. If the request is granted, the person is handed over to the country requesting extradition for further proceedings.
In the extradition request from Thailand, the following information must be provided:
- Personal details (full name and date of birth, nationality, passport information, physical description, photographs, and other identifying information);
- Description of the crime specified violated articles of the criminal code;
- The legal status of the case, evidence of the person’s guilt;
- Evidence confirming that the individual is evading justice;
- A link to the relevant international extradition treaty or bilateral extradition agreement between Thailand and the requesting country;
- Any additional information or documents required to support the extradition request.
The fundamental principles of extradition in Thailand:
- The principle of dual criminality;
- Limitation period;
- Non-political nature of the crimes;
- Human rights guarantee;
- Double jeopardy (Ne bis in idem);
- The principle of a fair trial.
Thai Extradition Laws
An extradition request in Thailand is governed by the Extradition Act B.E. 2551 of 2008, which establishes the rules and procedures for the transfer of individuals accused or convicted of crimes to other states. Thailand is also bound by international extradition treaties with a number of countries, simplifying the process of surrendering individuals who are evading justice.
Thailand has signed a number of bilateral and multilateral extradition treaties with various countries, including the USA, the UK, Australia, and Canada.
According to Thai extradition law, a person can be deported for any crime punishable by the death penalty, or if the committed crime is punishable by imprisonment for a term of more than 1 year.
The Extradition Process in Thailand
Extradition begins with a request submitted by a foreign state to the Office of the Attorney General of Thailand. If the country does not have an extradition treaty with Thailand, the request is sent through the usual diplomatic channels.
The Thai court is assessing it in terms of compliance with the extradition law. The key factors are the principle of dual criminality and adherence to human rights standards.
If the court approves extradition, the final decision is made by Thailand’s Minister of Justice. They can refuse to extradite if there’s a risk of human rights violations, political motivation behind the case, or if it contradicts Thailand’s international obligations.
If the decision on extradition is made, the individual is transferred to the requesting state for further legal proceedings or to serve their sentence.
Offences Requiring Extradition
Under the Thai Extradition Act B.E. 2551, the following crimes are subject to extradition:
- Drug trafficking, production, and distribution of narcotics;
- Participation in terrorist acts;
- Financing of terrorism;
- Premeditated murder;
- Corruption.
- Major financial frauds;
- Money laundering;
- Human trafficking, forced labor, and sexual exploitation;
- Organized crime;
- Crimes against humanity;
- Cybercrime.
Extradition Conditions in Thailand:
- The crime must be qualified for extradition in accordance with Thai laws.
- The suspect should not be charged with political crimes.
- The nature of the crime should not be of a military character.
- Extradition must not breach any other laws of the Kingdom.
- The requesting state does not have a final decision on the innocence of the accused.
- The individual was not granted amnesty in the requested state.
- The individual has not served a sentence or been sentenced to punishment in the requested state.
- An individual is not deprived of the right to appear before a court on charges of committing a crime.
Countries Without an Extradition Treaty with Thailand
Thailand has extradition treaties with fifteen countries. That means countries like the USA, the UK, Belgium, Canada, the Republic of China, South Korea, Indonesia, the Philippines, Malaysia, Cambodia, Laos, Bangladesh, Fiji, Australia, and Hungary can forward extradition requests to them. Therefore, the list of countries with which Thailand does not have extradition agreements is quite extensive.
For example, Thailand does not have extradition treaties with the following countries:
- Russia
- Germany
- France
- Spain
- Mexico
- Austria
- Singapore
- China
- Saudi Arabia
- United Arab Emirates
- Cuba
- Vietnam
- Iran
- North Korea
- Belarus
- Kazakhstan
But even if no extradition treaty has been concluded between the countries, a request for the transfer of a suspect or accused person can be accepted. The request will be considered on a special basis.
Our solicitors have experience with international cases and can assist clients in navigating the nuances of extradition processes, even in the absence of formal agreements.
Extradition and Interpol Red Notice
Interpol Red Notice is an international request for the temporary detention of an individual with the aim of their possible extradition. It is issued at the request of the country seeking the suspect to face criminal proceedings or convicted person for a crime.
Although a red notice is not an international arrest warrant Many countries use it as a legal basis for detaining a person and initiating extradition proceedings.
If another country is seeking a person located in Thailand, it can submit an extradition request through Interpol. Following this, the Organisation issues a red notice, which informs the Thai authorities about the whereabouts of the person being sought.
Upon receiving a red notice, the Thai police can detain an individual based on this notice. However, the further extradition procedure must be approved by the court and the Ministry of Justice of Thailand before surrendering the suspect the the requesting country.
Removal of Red Notices in Thailand
Removing the red notification can be initiated through the Commission for the Control of INTERPOL’s Files (CCF). An individual detained on the basis of a Red Notice, or their representatives, may submit a complaint to INTERPOL if the notice violates international standards:
- The political motivation behind the request;
- Human rights violation;
- Lack of sufficient evidence.
Our solicitors have experience in dealing with matters related to red notices and can assist at all stages of the process. We provide:
- Consultations on the legality of red notices.
- Representation in Thai courts;
- Preparing complaints to Interpol for the removal of notices.
We offer professional support in protecting your rights and interests.
Extradition Law Firm in Thailand
Our law firm specialises in complex legal issues related to international extradition in Thailand. We provide a full range of services to protect the interests of clients facing the threat of extradition. We handle matters of extradition both from Thailand and to Thailand.
Our experienced extradition lawyers in Thailand are ready to provide the following services:
- Legal advice;
- Assessment of the request’s legality and its compliance with Thai legislation;
- Extradition disputes;
- Initiating the procedure for the removal of Interpol’s red notices.
- Full legal support.
Our Interpol Law Firm possesses extensive experience in handling extradition cases and is familiar with all the legal nuances of this complex process. We are ready to represent clients’ interests both in Thailand and in other jurisdictions.
If you’re facing extradition in Thailand or are subject to an Interpol red notice, please get in touch with our solicitors for prompt and professional assistance. We know how to protect your rights and secure a fair outcome.
