Integrity Legal

17th January 2017

It recently came to this blogger’s attention that law enforcement authorities are set to shortly begin implementation of electronic monitoring of suspected criminals who have been released on bail. In a recent article in The Nation it was noted that the initiative has begun in an effort to create a more equitable system for accused defendants who seem to fall in a sort of middle category between those accused of minor offenses and those accused of more serious violations of the law. Those who are unable to make bail and looking at trial for offenses carrying less than a 5 year sentence are eligible to be released provided that such defendants are tracked using an ankle monitoring device similar to those used in the USA, UK, and other western countries.

Thailand has had issues with prison overcrowding in recent years and this initiative seems to be aimed at reducing prison populations while also providing a degree of leniency for those who cannot afford to pay bail. It should be noted that the use of these devices in limited release scenarios is entirely at the discretion of the judiciary. In most cases involving foreign nationals facing trial in Thailand it appears that bail may be the best option of ensuring release as it seems this particular initiative is intended to provide assistance to indigent Thais accused of relatively minor offenses. For more information on criminal law pertaining to foreign nationals in Thailand please see: Thailand Criminal Lawyer.

Meanwhile, in other news it appears the Thai passport has declined somewhat in the global ranking of passports based upon visa-free and visa-on-arrival numbers. Thailand fell behind some other countries as the Thai passport’s relative options for visa free travel to other countries decreased. However, Thailand’s passport remains one of the most flexible travel documents among the ASEAN (Association of Southeast Asian Nations) countries. It should be noted that as of the time of this writing Thailand is not on the list of countries that the United States of America allows to utilize the visa waiver program. As a result, all Thai nationals wishing to travel to the USA must obtain a US visa before traveling. For some, this requirement can be rather cumbersome especially in light of the more stringent application of section 214(b) of the United States Immigration and Nationality Act. This section in conjunction with doctrines such as the doctrine of Consular Absolutism makes getting into the USA on a non-immigrant visa very difficult for some Thai passport holders.


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