Why Do the Guilty Walk Free While the Innocent Stand Trial? Understanding Case Interference in Thailand

In Thailand’s criminal justice system, a recurring question unsettles public trust: Why do some clearly guilty individuals avoid conviction, while innocent citizens find themselves prosecuted? While many factors contribute to this dilemma, one deeply rooted and persistent issue stands out: Case Interference in Thailand, often referred to colloquially as “fixing a case.”

This blog article—presented by a lead law firm in Bangkok—explores the legal and practical dimensions of case interference in Thailand. We outline five common tactics used to interfere with criminal investigations or prosecutions, explain how these actions undermine justice, and provide insights for victims or observers on how to recognize and challenge such misconduct.

What Is Case Interference?

Case Interference in Thailand refers to the deliberate manipulation of legal proceedings to benefit or disadvantage a particular party, often through influence, corruption, or procedural abuse. It subverts the rule of law by prioritizing external pressures over evidence-based legal outcomes.

In Thailand, case interference can occur at several stages of the criminal process, including:

• The investigation stage (police discretion)

• The prosecutorial stage (public prosecutor’s decisions)

• The court process (delay tactics or procedural irregularities)

While not all interferences are illegal per se, many cross ethical and legal boundaries. Some actions may even constitute criminal offenses under Thai law, such as malfeasance in office under Section 157 of the Thai Criminal Code.

Five Common Forms of Case Interference in Practice

1. Failing to Register the Case Number (“Disappearing the File”)

In this method, a police officer accepts a complaint but fails to assign a case number (ลงเลขคดี), meaning the complaint is not officially recorded in the Criminal Case Management System (CCMS).

Legal and Practical Consequences:

• The case is essentially invisible and cannot proceed further.

• The complainant may be misled into believing the case is under review.

• The lack of documentation prevents follow-up or supervisory review.

This tactic is used to delay or derail criminal complaints, especially in high-profile or politically sensitive matters.

More on Thailand’s legal system structure can be found in this UNODC report on the Thai criminal justice process.

2. Distorting or Fabricating Witness Testimony (“Phony Witnesses”)

In certain investigations, officers may:

• Alter the substance of genuine witness statements.

• Introduce fabricated testimony, known in Thai slang as “phayan nam” (พยานน้ำ) — “water witnesses” who are not real observers of the incident.

Legal Ramifications:

• Misleading or false testimony violates Sections 177–181 of the Thai Criminal Code.

• Officers who knowingly support or fail to correct false statements may be liable under Section 157.

This practice undermines judicial integrity and may wrongly implicate innocent parties.

3. Manipulation or Withholding of Physical Evidence

Another method involves tampering with, replacing, or destroying material evidence relevant to the case.

Examples Include:

• Deleting CCTV footage

• Omitting key forensic reports

• Providing forged or altered documents to experts or the court

Such actions compromise fact-finding and create a false narrative. Depending on the nature of the evidence tampered with, this may amount to criminal obstruction of justice or destruction of evidence.

4. Unfair Discretion by Police or Prosecutors

Thailand’s legal system gives discretionary power to both police and public prosecutors regarding whether to pursue charges. Abuse of this discretion includes:

• Indicting a weak case despite lack of probable cause

• Declining to prosecute despite compelling evidence

• Selectively applying legal provisions to protect one party

Relevant Laws:

• The Organic Act on the Office of Attorney-General (Sections 19–25)

• Criminal Procedure Code Sections 140 and 145

While discretion is a necessary component of legal systems, improper use for political or financial gain is deeply corrosive to justice.

5. Deliberate Delay to Allow Statute of Limitations to Expire

In some instances, authorities stall proceedings until the time limit for prosecution expires. Under Thai law, the statute of limitations for many offenses ranges from 1 to 20 years depending on the gravity of the crime.

Methods Include:

• Delaying forensic testing

• Avoiding witness interviews

• Repeated reassignment of officers or case files

Once the time period lapses, legal action becomes impossible, effectively granting impunity to offenders.

To understand how limitations affect prosecution timelines, consult this resource on statutes of limitation.

Legal and Ethical Implications of Case Interference

Case Interference in Thailand erodes trust in legal institutions, encourages repeat offenses, and leaves victims without redress. For legal professionals, failure to act against such interference may violate ethical obligations under:

• The Lawyers Council Act B.E. 2528

• The Criminal Procedure Code

• The Code of Judicial Conduct

Internationally, it may breach standards under the UN Basic Principles on the Role of Lawyers and UN Guidelines on the Role of Prosecutors.

For further context, refer to Transparency International’s report on judicial integrity in Thailand.

How to Identify and Respond to Case Interference

For Victims or Complainants:

• Request a written acknowledgment of your complaint with a case number.

• Monitor the case through the Police Complaints Center or Dhamrongtham Center.

• If a case number is not provided, file a petition with the Office of the Attorney-General.

For Lawyers:

• Document irregularities in the record.

• Submit motions for judicial inquiry under Section 20 of the Criminal Procedure Code.

• Report misconduct to the National Anti-Corruption Commission (NACC) or Department of Special Investigation (DSI).

Frequently Asked Questions (FAQs)

What is a “water witness” (พยานน้ำ)?

A fabricated or non-credible witness introduced to mislead the court or inflate the appearance of corroborative testimony.

What does it mean when a case number is not assigned?

It means the complaint is not formally entered into the legal system. This is a known tactic to make a case “disappear.”

Is case interference a criminal offense?

Yes. Depending on the act, it may violate Thai Criminal Code provisions on falsifying evidence, malfeasance in office, or obstruction of justice.

Can a private citizen challenge prosecutorial discretion?

Yes, through petitioning the Department of Rights and Liberties Protection or appealing decisions under Section 145 of the Criminal Procedure Code.

Conclusion

Case Interference in Thailand is a pressing concern in the country’s criminal justice landscape. While not always visible to the public, it significantly affects the lives of victims, defendants, and the credibility of the entire legal system. By understanding how these interferences occur and what legal remedies are available, individuals can be better equipped to demand accountability and justice.

Legal reforms, institutional oversight, and public awareness are essential to eradicating these practices. Law firms, civil society, and citizens must work collaboratively to restore integrity to legal proceedings in Thailand.

For legal consultation on criminal defense, prosecutorial misconduct, or police procedure, contact Siam Center Law Group — your lead law firm in Bangkok for navigating complex justice issues in Thailand.