Legal Corner: One Fight in Thailand Could RUIN Your Life, Here is Why!

Foreign visitors involved in violent altercations or assaults in Thailand face serious legal repercussions under Thai law. The penalties and sanctions depend significantly on the severity of the assault and the injuries caused. Here’s a breakdown of potential consequences as presented by our sponsors at Anglo Siam Legal:

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Legal Framework:
· The primary legal instrument governing assault is the Thai Penal Code.
· Assault is considered both a criminal and civil offense.

Criminal Penalties:
The penalties for assault vary based on the extent of harm caused:

· Simple Assault (Section 295): If an individual inflicts injury (physical or mental harm) on another person, the penalty is imprisonment for up to two years, a fine not exceeding 4,000 Baht, or both.

· Assault Resulting in Bodily Harm (Section 296): If bodily harm is inflicted under circumstances outlined in Section 289 (which refers to specific serious offenses), the penalty can be imprisonment for up to three years, a fine not exceeding 6,000 Baht, or both.

· Assault Resulting in Grievous Bodily Harm (Section 297): This involves severe injuries such as loss of sensory organs, reproductive ability, dismemberment, permanent disfigurement, abortion, permanent insanity, or chronic ailments. The penalty ranges from six months to ten years of imprisonment.

· Assault in an Affray (Section 299): If grievous bodily harm occurs during a fight involving three or more people, all participants can face imprisonment for up to one year, a fine not exceeding 2,000 Baht, or both. However, if a participant acted in self-defence or to prevent the affray, they may be exempt from punishment.

· Negligent Infliction of Grievous Bodily Harm (Section 300): If severe injuries are caused due to negligence, the penalty is imprisonment for up to three years, a fine not exceeding 6,000 Baht, or both.

Additional Sanctions and Considerations:
· Arrest and Detention: Foreigners involved in assaults can be arrested and detained by the police. Police can detain suspects for up to 48 hours without charges.

· Bail: Granting bail is less common in Thailand compared to some other jurisdictions and depends on the severity of the offense. If granted, the court may require the surrender of the passport to prevent the individual from fleeing the country.

· Legal Proceedings: Those charged with assault will face legal proceedings in Thai courts. It is crucial to seek legal representation immediately.

· Deportation: If a foreign visitor is convicted of assault, particularly a more severe form, they may face deportation from Thailand after serving their sentence or even as part of the legal proceedings. Overstaying a visa while dealing with assault charges can further complicate matters and almost certainly lead to deportation.

· Passport Confiscation: If granted bail, the court will likely confiscate the foreign visitor’s passport to ensure they remain in Thailand for court appearances.

· Cultural Sensitivity: Engaging in violence is viewed very negatively in Thai culture, which emphasizes harmony and peaceful conflict resolution. This can influence how authorities and the community perceive such incidents.

What to do if involved in an altercation:
· Remain calm: Avoid escalating the situation further.
· Contact the Tourist Police (1155): They are specifically there to assist tourists and often have English-speaking officers.
· Report the incident: Go to the nearest police station to file a report.
· Seek legal counsel immediately: Hire a reputable criminal defense lawyer in Thailand who can advise you on your rights and the legal process.
· Cooperate with the police: Provide accurate information but do not make any statements without your lawyer present.

It is imperative for foreign visitors to Thailand to be aware of the local laws and customs and to avoid any behavior that could lead to violent altercations. The consequences can be severe, ranging from fines and imprisonment to deportation. Prioritizing peaceful conflict resolution is always the best course of action.

All legal or other Information contained herein is provided by or in strict consultation with licensed attorneys who are members of the Lawyers Council of Thailand. The client manager and CEO, although a lawyer does not practice law in Thailand as it is a regulated service his role is to convey the advice from the Thai lawyers to clients to ensure matters are understood by all parties.

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Photos of a recent incident involving a knife fight between two foreigners in Pattaya. Story here.