If the complaint is filed with the police, the police must investigate the case immediately. They have to subsequently send the offender the case file and submit the case file and the opinion to the prosecutor so that the prosecutor can file a case with the court.[32]
The circumstances change on a case-by-case basis (e.g., if the victim files a complaint with the competent official under the DVA, the prosecutor will file the case; thus, law firm involvement may be affected).
Yes. For example, under the Criminal Code, there is the concept of self-defense (i.e., a person will not be punished for committing any offense due to necessity when such person is under the compulsion or under the influence of a force such that the person cannot avoid or resist it, or when such person acts to make himself/herself or another person escaping from an imminent danger that could not be avoided by any other means and the person did not cause to exist through his/her own fault, provided that no more is done that is reasonably necessary under the circumstances).[33]
Yes; however, if the victim notifies the competent official in good faith, the victim will be protected and there will be no criminal, civil or administrative liability.[34]
Every witness has to swear that he/she will give true testimony.[36]
The law does not differentiate between a first-time domestic violence offender and a repeat offender. However, the court may consider this fact when determining the penalty to be imposed on the offender.
Yes. Under the DVA, domestic violence is a criminal offense whereby the offender could be subject to a maximum six months of imprisonment and/or a maximum fine of THB 6,000.[39] However, under the FIA, domestic violence is not a separate criminal offense. Thus, the criminal offense and the penalty will be in accordance with the Criminal Code.
Under the DVA, the offender who violated the provisional relief measure issued by the competent official and/or approved by the court could be subject to a maximum three months of imprisonment and/or a maximum fine of THB 3,000.[40] In the case of a violation of the provisional relief measure issued by the court, the offender could be subject to a maximum six months of imprisonment and/or a maximum fine of THB 6,000.[41]
Under the FIA, for the offender who violated the welfare protection measure without a justifiable reason, the court can order the offender to be detained until he/she complies with the measure but not for more than one month.[42]
Under the DVA, the court is entitled to determine the method to rehabilitate, treat and control the behavior of the offender; order the offender to pay the relief fund or perform public service; omit the act that causes the domestic violence; or order the offender to parole in lieu of punishing the offender.[43]