One of the biggest problems victims face when reporting a crime in Thailand is not knowing how to file a proper complaint (คำร้องทุกข์).
Many times, when a victim goes to the police, the officers only record the incident as evidence, but this is not the same as filing a complaint.
Without a proper complaint, the police cannot investigate certain crimes!
The Legal Difference: Complaint vs. Police Report
คำร้องทุกข์ (Complaint) – Section 2(7) of the Criminal Procedure Code
Must be filed by the injured party.
Requires intent for the offender to be punished.
Necessary for private offenses before an investigation can begin (Section 121).
Police Report (บันทึกประจำวัน).
Simply records the incident as evidence.
Not a formal complaint, a criminal complaint.
Police may not take further action unless a proper complaint is filed.
What This Means for You?
If you are a victim and your case involves a private offense, the police cannot start an investigation unless you file a proper complaint.
Many people believe they have reported a crime, but in reality, their case is not moving forward because only a police report was made, not a complaint.
Make sure if you want the offender to be punished that you file a proper complaint.
An overwhelming number of criminal reports have resulted in delays in investigations and prosecution.
As a solution to this, private citizens have been allowed to hire lawyers who will directly file the criminal case in courts, instead of taking the police reporting route.
While this is a more expedient choice, the private party of course bears the consequence of paying for the costs of the private case filing.
Only judges decide criminal cases in Thailand. The jury system does not apply in this jurisdiction. Generally, if one is tried in criminal or provincial courts, he is tried by at least two judges. A single judge, however, may preside over preliminary procedures.
As everywhere else, the court must find proof beyond reasonable doubt before it convicts an accused of the crime he is being tried of.