Summary

The judge overseeing the case of Thai member of parliament denied the bail request from the MP’s Thai lawyer Jessada Chandee. Bail was requested based on the fact that the MP wanted to attend a garden party at Government House and go on an economic development trip to Italy. The judge ruled that this particular MP would likely repeat the crime he was charged with. This MP was charged with charges of terrorism, threatening the Constitution Court and creating unrest in society. The ruling attempted to define the difference between simply having a dissenting opinion and actually causing civil unrest for political purposes. Lawyers in Thailand who have commented on this case note that because of the political nature of the case, the ruling could cause severe implications beyond just letting someone out of prison. It is best if one’s case is not linked to issues of government policy, as this can cause unnecessary scrutiny from the judges overseeing the decision of bail.

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Thailand Bail Analysis

Thailand Bail always gathers substantial evidence to present to the judge determining whether bail is to be granted or not. This not only helps the judge understand the situation of a defendant’s case, but it also forms the basis for a defendant’s defense. Thailand Bail bases this evidence-gathering on the police report from the arresting officer, the initial investigation data from the investigating officer, and background evidence from the family or friends of the defendant. Other lawyers in Thailand are not interested in such “extra” information, but we believe that this helps sway judges in favor of our defendants. While Thailand Bail specializes in bail cases, not in criminal defense, we will hand over all evidence gathered to post bail and hand it over to our partner defense attorney firms or the defense attorney that the client chooses to hire for the case. In the case of the MP Korkaew, we feel that his attorney did not present a valid reason for bail. Wanting to go to a garden party and on a trip to Italy (which certainly sounds like a vacation to us), is not reason enough to bail someone out of prison.

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Topic: Bail cases in Thailand – Thai MP’s bail denied.

Reason bail was granted/denied: Judge feared the defendant would repeat the crime he was charged with.

Date: 05 December 2012

– THAILAND BAIL