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Criminal Litigation

 

 
What is the criminal law accident?
The criminal law accident comes from the wording “Criminal Law” plus “Accident”
 
The accident means “an unpleasant event, especially in a vehicle, that happens unexpectedly and causes injury or damage” or “something that happens unexpectedly and is not planned in advance”
 
Criminal Law means “The law concerning activities that involve breaking the law” or “The law concerning an act that you think is immoral or is a big mistake”
 
The events which are related to criminal law accident. I will give some example of an event that is near you.
1.    Car driving accident
2.    Accident from motorbike
3.    You play the golf and the golf ball hit someone injure.
4.    etc.
 
However, today I will focus in the event of car driving accident and accident from motorbike as they are related to your daily life.
 
When you have faced car accident, “Don’t be frightened”, We should know how to manage this event?
 
The car accident, you can often see in every day, especially in the festival season, which there are so many festivals in Thailand. Some accidents cause a tiny wounded, but some accidents cause dead. You can often see the case of “bump against then flee” in the newspaper almost daily; when I know I feel that nowadays the people don’t have the responsibility and be careless. And when this kind of accident has occurred, they are always frightened and they don’t have any sense or consciousness to do anything. They don’t have any sense how to manage this kind of event. Furthermore, the car accident is the main cause of dead for the Thaiman when it has a ranking.   However, we could not forbid this accident to happen. For you, you may be the driver, the passenger or the witness; but please see the guideline for practice.
 
1.    If you are in the event of car accident. You should help the wounded person. You should be a good man by helping him or her as a witness for lawsuit.   In case, we saw the car bump against someone then flee; we should try to remember its car license, its brand, its color and hasten to inform and report the police for further arrest. There are someone drive a car to chase the troublemaker.   This kind of person should be praised to be a good people of our society.
2.    If you have got hurt or wounded from car accident. The first thing you have to do is asking for help, if you still have consciousness. As the people who come to cover and see you may not know how much you have got hurt. If you are able to talk or say, you have to tell which part of your body has got hurt; so that, it can be done a first aid.   For the law case, it should be considered later. If someone has got a little wounded; and no any witness for that scene, we should note the car license for claiming to recover the damage later.
3.    If you are a driver, in this case, don’t flee or escape. As the crime from driving carelessly is not the intention; the offender is not a criminal. This penalty is a few measures. You should stay for fighting with the truth unless you have to take a long escape for 15 years.   If you drive a car to bump against any person to be dead, but you surrender yourself to defend, you may have got no crime or no penalty. In case, you have got crime or penalty, the crime or penalty may be reduced or relieved by court.   If you are generous and kindness, when you drive and the car accident occurs, the obligation by law are as follows:
a.     You have to stop the vehicle and help appropriately. For example, when you drive to bump against any person, you have to stop a car and help the person who has got wounded by taking him to the hospital.
b.     You have to appear and inform the near police officer immediately and you have to tell him that you are the car driver.
c.     You have to inform your first name and your family name including residential address and the car license to the injured person.
d.     In case you are a driver, if you flee, escape or not appear to the police officer, the law will assume that you are the offender; and the policeman has an authority to hold or seize the car until be able to capture the driver or until the case will get to the last.
e.     If the driver does not follow the regulation (a, b and c), you will get the crime to be imprisoned not exceed 1 month, or you will be fined not exceed 2,000 Baht. But, if the injured person has got a serious injury or be dead, you will get the crime to be imprisoned not exceed 3 month, or you will be fined not exceed 5,000 Baht.
4.     If your car has got insurance; you have to inform the insurance company immediately. The insurance company will send its officer to the scene and do a map there is an accident to be an evidence for taking defends.
5.    If you have a camera, you have to take a picture a car; besides, you have to take a picture for other details for example the place of the accident, the damage area of the car including the car of the litigant.   In case, someone is dead in the scene, you should ask for the pictures from any foundation who has taken pictures, since they will be useful or advantageous for the case later.
6.    You have to help the wounded person or help for cremation expense of dead person. This is a vital matter, it is very important. The driver doesn’t always see the advantage of these kinds of help.  Actually, when you drive a car  bumping against anyone to be dead or wounded or carelessly drive; they are a criminal case.
·       The criminal, you may have to be imprisoned.
·       The civil, you have to compensate the damages, wounded cost and cremation cost to the litigant.
 
If you help the wounded person, bump against without flee; when the case arrives at the court, the court will see your kindness, and the court may sentence you to wait for punishment without imprisonment instantly. Conversely, if you flee or escape; the court always sentences you to be imprisoned instantly. As the court will think that you are narrow-minded, without kindness. Paying for damages to the injured person has much advantage.
 
For example, if you do not agree to compensate the damages to the wounded person, the policeman has some regulation to hold or seize the property until the alleged offender try to agree and negotiate with the injured person. If you accept or admit, the civil suit will be held over, as it will be assumed that both parties accept and the civil suit is made a settlement; the civil suit can not be prosecuted.
 
 
 
Suggestion for criminal lawsuit
 
Put in jail in the district court
 
The crime that happen in the district court; if the alleged offender is not accused within 48 hours; the public prosecutor has to take the alleged offender to the court and file the request to put in jail and shift the accusation to court; the court can permit not exceed 5 time each time not exceed 6 days.
 
Put in jail in the criminal court or provincial court
 
If an alleged offender was controlled and the inquiry officer could not examine within 3 days; the inquiry officer has to send the alleged offender to court.   And the inquiry officer or the public prosecutor has to request the court to put the alleged offender in jail. In case the crime which has the rate of penalty of imprisonment not exceed 6 months or be fined not exceed 500 Baht or both imprison and fine; the court can order only once which is not exceed 7 days. But if the rate of penalty is more than this; the court can order to imprison several times continuously, each time not exceed 12 days, but not exceed 48 days totally.   Except the crime that has the rate of penalty of imprisonment from 10 year up, the court can order to imprison not exceed 84 days totally.
 
When put in jail or shift of accusation
 
The alleged offender has the right to file the request for temporary liberation (Beg for bail out) to court. The alleged offender who get the bail out permission has to present at court every time when the court make appointment; but the insurer may file the request for bail out by taking valuable securities.
 
How much of valuable securities?
 
In case the alleged offender had fled or escaped
          The injured person got the serious injury
                   Valuable securities = 80,000 Baht
          The injured person is dead.
                   Valuable securities = 120,000 Baht
 
In case the alleged offender did not flee or escape
          The injured person got the serious injury
                   Valuable securities = 30,000-50,000 Baht
          The injured person is dead.
                   Valuable securities = 80,000 Baht
 
 
When the court has accepted the charge, if the accused person would like to defend in a legal action, these should be followed:
1.    Filing for bail out request to the court.
2.    Find the attorney to help defending in a legal action
3.    Filing statement of defend to court.
 
 
 
The Criminal Code
 
 
 
Section 291.- Whoever, doing the act by negligence and that act causing the person to death, shall be imprisoned not out of ten years or fined not out of twenty thousand Baht.
 
Section 300.- Whoever, committing the act by negligence and such act to cause the grievous bodily harm to the other person, shall be imprisoned three years or fined not out of six thousand Baht, or both.
 
 






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