Law change gives suspects temporary release

Electronic monitoring bracelets to be used

An amendment bill paves the way for detained suspects to be temporarily released without bonds in criminal cases which carry a penalty of up to 10 years in prison, up from a five-year threshold at present.

This is part of the amendment bill to the Criminal Procedure Code, which was approved by the cabinet on Tuesday, said Col Atisith Chainuvati, deputy spokesman for the Prime Minister’s Office. The amendment was introduced by the Justice Ministry.

The amendment touched on criteria on the temporary release of the suspects and other proceedings in the criminal cases. They were revised to suit current social conditions as well as to ensure effective and fair protection of people’s rights, he said, adding that electric monitoring (EM) devices can be used according to the court’s decision.

For those granted temporary release by courts and later found to have fled, the courts have power to assign officials to lodge complaints with police so they can be caught, he said. In necessary cases, court officials can capture suspects or defendants themselves.

Citing the amendment bill, Col Atisith said if it is discovered civilian plaintiffs had filed a dishonest lawsuit or distorted the facts in a lawsuit to abuse defendants, courts will be able to dismiss cases before preliminary hearings. In these cases, plaintiffs would no longer have the right to lodge the same lawsuit, he said.

Moreover, the cabinet also approved the Justice Ministry’s request for a budget to rent 4,000 EM devices at a total cost of 162 million over the course of 30 months.

The ministry’s Department of Probation earlier planned to buy 3,000 EM devices but then decided to rent them since the agency considered the method would be more effective and worthwhile, Col Atisith said.

In the past, the agency rented the equipment year-by-year, but this method was hit by legal and management complications, he said, adding the longer term of the lease would also help lower the cost.

The EM devices have been granted to be used for suspects or defendants who seek temporary release without paying bonds since March 2. The scheme is meant to reduce jail overcrowding and enable suspects to be able to work to sustain their lives and families, according to Kalasin Court chief judge Sathaban Boonterm.

He said 23 courts across the country in the pilot period are implementing the measure. Mr Sathaban said his Kalasin Court received 200 EM devices.

Before granting suspects a chance to use the tracking equipment, courts will assess the suspects’ flight risk.

The EM devices can track whether the suspects are complying with the court’s conditions for the temporary release, including going out of the designated zones. The devices are strapped on the suspects’ ankles.

Any violations would mean these suspects would face arrest warrants .

“If suspects break conditions, including leaving the designated zones or damaging the devices, signals would be sent to the Electronic Monitoring Centre, where staff work around the clock,” Mr Sathaban said.

On Monday, for the first time Kalasin Court granted the temporary release of a suspect who would wear an EM device.