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Eighty year old Frenchman arrested on Pattaya beach - wife goes to her MP, police chief says he's busy


webfact

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Are the police allowed to take passports from people suspected of a crime? I mean under Thai law or even international law?

 

Or is the suspect allowed to say no you can't have it, it is my property, or the property of the French government?

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The police are in their rights by not giving her the passport as it is not her passport but why does she want a photocopy of the passport for? The police should not allow anybody to photocopy anybodies passport. So in this case I would be asking her what she wants a photocopy of the passport for? The police can hold a persons passport while that person is in police custody but they must return it to the person whose name is in the passport and only them or a government official from the country of issue of the passport, unless ordered by a judge to hold the passport to prevent the person from fleeing the country.

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Pattaya police go completely over the top, the Pattaya police chief can't be bothered to do anything about it, bribes and extortion all around - why are people talking about "a new normal" post-C19, nothing seems to have changed? 

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7 hours ago, stouricks said:

Which one is the lady MP please?

 


She is 2nd from the left in this pic. Member of Parliament for Chon Buri, 7th District (Banglamung  - Only Nong Prue Sub-district, Pong Subdistrict, Huai Yai Subdistrict and Khao Mai Kaew Subdistrict). Basically she is the representative for everyone on the Darkside.

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14 minutes ago, Russell17au said:

The police are in their rights by not giving her the passport as it is not her passport but why does she want a photocopy of the passport for? The police should not allow anybody to photocopy anybodies passport. So in this case I would be asking her what she wants a photocopy of the passport for? The police can hold a persons passport while that person is in police custody but they must return it to the person whose name is in the passport and only them or a government official from the country of issue of the passport, unless ordered by a judge to hold the passport to prevent the person from fleeing the country.

 

You are so wrong on so many counts, I don't know where to begin!

 

First, the guy is 80 years old, and was present with his girlfriend, and they could have handed the passport back to him.

 

Second, if someone has taken your passport, obviously you would want/need a copy, in case any more police somewhere wants your ID or wants to know your nationality.

 

A Judge can only order to hold a passport of a citizen of the country where the Judge is presiding in court.  They can not order a foreigner's passport held, as the passport firstly is the property of the issuing nation, not even of the passport holder, and second, it serves absolutely no purpose, because a foreigner can get another passport or an emergency travel document at any time very quickly from their embassy.  (The embassy will not with-hold the travel document even in this type of police case, because at this time, the foreigner is only a suspect, there has been no trial, and he has not been convicted of any crime, and the chances of him getting a fair trial is probably doubtful, and the priority is to get him back to his country to face the law, even if it means extradition back to this country in the future).

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3 minutes ago, Susco said:

If you read the original thread you will find that the guy has never seen a judge. The money and passport was taken by the police

He has not been before the presiding judge who will be the one to decide his guilt or innocents and what penalty he will pay, So the official who decides the bail can withhold the passport until he appears in court before the presiding judge. So the bail is 50,000 plus part of the bail condition is the passport withheld to stop the person from leaving the country. A lot depends on how the legal system is set up here on whether a person see's a bail judge or if the police have that power. Some countries the government of that country give that power to the senior district police officer, some countries have special bail courts with proper bail judges who only judge on bail cases and never do residing court work until they are promoted to that position. The proper procedure when the officer withheld the passport is for the senior police office to contact Thai Immigration so that it is placed on the data base the the passport has been withheld and that give immigration a notification that if this person tries to leave the country then the passport that they have is a forgery and the senior office should contact the country of passport issue embassy informing them that the passport has been withheld and state the reason that it is withheld and give the embassy the date and location of the residing court hearing. The reason why no photocopies of withheld passports is so that there is a reduction of the risk of a fake passport being made and that is another reason that immigration is notified. There is a lot involved if it is done according to the law and all the notifications and everything is done properly.

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17 hours ago, OnTheGround said:

Chonburi Police was also involved days ago, urging Pattaya police to investigate. Failing to do this, a reshuffle among high rank Pattaya plod might be coming soon.

50,000 baht fine with no receipt, confiscation of a passport etc etc...

not exactly by the book?

Just as a question, why did the police take the fine money without it going to court?

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1 hour ago, hotchilli said:

50,000 baht fine with no receipt, confiscation of a passport etc etc...

not exactly by the book?

Just as a question, why did the police take the fine money without it going to court?


It wasn't a "fine".
The original article and previous posts in this thread note that some guy, claiming to be a "bail bondsman", told the couple that if they gave him 50,000 baht, he'd get the old guy out of jail, but refused to give them a receipt for the money (also discussed previously).

The old guy still has to go to court and still faces the maximum possible fine of 100,000. And even if he does go to court (or the charges are dropped) he will probably never see the 50,000 baht "bail" money again.

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20 hours ago, webfact said:

the chief of police in Pattaya.

was busy counting the money earned from traffic 'fines'.  When I went I reckon 12,000 an hour was being raked in; they even worked during dinner hour when the rest of Thailand was shut.

With the absence of traffic, they've had to start up in the taxi business!  2000 a fare for 80 year olds.

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12 hours ago, Susco said:

 

That would be a good idea, because I know a thing or two about these matters, and CanadianSam is correct on every count

But by the wife's account that is not what happened. The passport was taken, not returned, and a request for a copy or receipt ignored. (He should have his own yes)

Thai police are very anxious to get their hands on your passport and retain it, happens with DUI all the time, then it is used as a lever. Would be nice if the original question could be answered as all I saw was could have should have. Can the Thai police confiscate my passport?

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7 hours ago, OnTheGround said:

Still no update in this case, make me wonder what big drama goes on behind the curtain?

 

Often the case here, court proceedings are conducted in private even if it gets there. More likely someone gets told under threat to keep quiet, go away, never return, leave the money on the table. 

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30 minutes ago, jacko45k said:

Often the case here, court proceedings are conducted in private even if it gets there. More likely someone gets told under threat to keep quiet, go away, never return, leave the money on the table. 

 

I do agree with you, but this has become a special case. Early this week Chonburi told Pattaya to investigate. Mid week Chonburi MP get involved. Top plod unavailable.

Then we have the offenders high age + the countrys reputation. Investigation going on for almost a week. The silence from all parties are unusual.

 

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