Thailand Penal Code

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Does anyone know a internet site wherre you can review the Thailand Penal code in english. I have already found the civil code, that site is http://www.thekoratpost.com/civilandcommercialcode.html

[Stevo]

Ray,
I don't know if this site is any use to you...
maybe



http://www.thailawforum.com/journal.html

[Bump]

Thanks Stevo I'll give a try if worse come to worse I will borrow the lawyers, that is if it has english in it. The civil code is really kind of neat one page is in Thai the opposite page is written in Englsih, don't know about the Penal code.

[isaanlawyers]

I've never seen a transation IN ENGLISH of the Criminal Code ON INTERNET. You can buy this book at Tamassat university, English + Thai, and the Criminal procedure Code too.

Sebastian.

[Aardvark]

Anyone contemplating Marriage should have a read as many commonly asked questions on this Forum are answered for you.

[Aardvark]

Usufruct section 1417 through to 1434 is also worth a read !! In the property section.

[aznyron]

I read the part about marriage it did not cover where a expat marries a Thai
so let assume if you should get divorced she owns every thing except your clothes
and you must reapply for a new visa or vacate the country. this is what I understand
and I accept that to be law of Thailand / gifts are not returnable such as jewelry rings etc
as for going in to business here in thailand I recommend you see a shrink doctor first
before putting up your life savings /

[Bump]

Your assumption is wrong the laws apply the same to an expat as a Thai. What I wrote is not based on rumor but seeing actual cases. If you decide you are going to be treated unfairly throw up your hands and walk away, then yes yuo will not be afforded any protection under the Law. If yuo go to court with proper repersentation then you will not be treated any differently then a Thai.

Can't speak to business personally I would never sink my life savings into any business where another party has 51% of the business, here or anywhere else.

Rumors abound reality is much different.

[isaanlawyers]

Foreigners are subject to the same laws as Thai. For marriage, it's EXACTLY THE SAME.

But there are differences, in several fields. Foreigners need visas.

They also normally need a work permit to work (Alien workers Act - there is a new law this year modifying the old one. I will try to find a copy in English).

Foreigners can't own land under the Land Code. (articles 86 and following but there are exceptions).

Also, the foreign business act limits their actions, except in some cases (American - treaty of Amity, Australian, new free trade agreement, etc.).

So, when you divorce, any spouse is entitled to separate the SIN SOMROS (common property) into 50-50%. But the land remains into Sin Suan Tua.

The structures (houses) could be divided 50-50% depending on circumstances (prenuptial, before or after marriage, etc.). It's into Sin Somros.

Regards,

Sebastian.

[Aardvark]

Land Code Chapters 8 and 9 make for very interesting reading, none of these things have ever been acknowledged by Forum members before, so I must assume nobody was aware. Thanks Sebastian, your giving me a whole new insight on Thai law that no one has been able to provide before. Boy, I've got a head ache, how do lawyers do it

[isaanlawyers]

First, I'm a Canadian lawyer. Foreigners are forbidden to practice law in Thailand but we have Thai lawyers working full time for us, and some part time. Also accountants, assistants. It's the only to keep me up to date, like the new law about companies changing on July first. (3 shareholders will be needed, not 7).

Second, I studied civil law in Quebec and Common Law. (Canada). So, Thai law (Civil Code) was copied on French law, just as the Quebec civil Code was copied on French Law. So, I know usufruct, superficies, wills, it's almost the same. Companies are different but for Thai lawyers, it's technical. What I posted is not even 1/10 of what foreigners should know. There are so many laws, exceptions..and aven with the law, its application is another thing.

Third, law is always changing. You must read, keep you up to date, etc. My main problem is visa. For example, I was dealing today with the Royal Thai XXX Consulate in XXXX that gave us different information as the Royal Thai XXX consulate in the same country!!! My second problem is the language barrier. Difficult to find stuff in English in Thailand. But for property, for prenuptial, for wills, for company setup, boi approval, adoption, divorce, marriage, loan agreements, mortage, the law didn't change so much in the last years.

Fourth, Isaan is small. So, we have to work everywhere in order to keep us busy. I am sorry that I don't post often on this forum but I am much more active in Korat. Sometimes on another famous forum too. Law should be available to everybody and lawyers should help each other and help people. I find a lot of problems in forums, people attacking each others, competitors complaining about X,Y,Z... So, sometimes, I just keep quiet. And Thai lawyers do not have the same education foreign lawyers have. Another point is that the law applying to foreigner is a small field and many Thai lawyers in Isaan don't know it. In Pattaya, Phuket, Bangkok you will find lawyers speaking English and dealing with the foreigners. They are quite good and quite expensive!!!!! (I used to work in Pattaya for a large law...prices were quite high.)

Fifth. I do have headache and work too much!!!!!!!!
But I enjoy my life in Isaan. I am 39, married to a Thai wife and I am just a normal guy.

I want to write an article about divorce, with the cases from the supreme Court, the law, etc. But it takes time to translate things, make a search, etc.
I won't bother you anymore as you have a lot to read!!

[Aardvark]

Thanks Sebastion, keep it coming I for one am interested, have a good day

[maaka]

Thanks for the links, and useful information Sebastian. I will add them to my collection of other legal / caselaw websites from around the globe...keep up the good work.