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Case
Case name
Prachakchai: Filed a petition deemed Lèse Majesté
Lèse-majesté
Name of persons / Name of Media
Prachakchai
Case status
คำอธิบายสถานะคดี ภาษาอังกฤษ
Other
Status of Accused
Others(The defendant died before the verdict)
Offense / order
Article 112 Criminal Code
Summary
19 February 2015 Prachakchai went to Government House to submit a complaint to the Prime Minister. His complaint was seen by the authority to be an offense against the Article 112. Prachakchai had been arrested and was detained pending for the trial. Prachakchai’s relatives believed his offense caused by his mental problem. He then was sent to examine his mental condition and the doctor found that his symptom is a schizophrenia.
The court temporarily disposed the case because the defendant is insane and unfit to plead. Prachakchai was granted on bail with 100,000 baht cash. Later, the court inquired a doctor and then ordered to proceed the case. The case went slowly for more than 4 years in Bangkok Military Court.
The plaintiff's witnesses has been testified until the last one. Prachakchai passed away due to his liver condition. The NCPO also order to stop trying civillian cases by military courts. The case was transferred to normal court and later ordered to be disposed on December 2019.
Basic information
Background of accused
Prachakchai works as a aluminium mechanic at a factory belongs to his friend. Before his arrest, he was 41 years old and had got a physical illness as cirrhosis of the liver.
Inquiry officer from Dusit Police Station responsible for this case.
Legal Claims
Lèse-majesté
-
Form of restriction on freedom
Charge filed
-
Type of media
Other
-
Province
Bangkok
-
Court
Bangkok Military Court
-
Black case
คำอธิบายคดีดำ ภาษาอังกฤษ
Court: ศาลชั้นต้น No: 148 ก./2558
Details of offence according to charge
Prachakchai went to Government House to submit a complaint to the Prime Minister. The officer gave him a piece of paper to write his complaint. When he finished he handed over the paper and was immediately arrested as his complaint was seen by the authority to be an offense against HM the King.
Circumstance of arrest
On 19 February 2015 Prachakchai was detained right after he handed a complaint. Prachakchai was brought to Dusit Metropolitan Police Station, and then was released after questioning.
He was arrested again later that evening. While he was on his way back to his factory to work, the police had waited and asked him to get off the minibus. On that night the police took Prachakchai to the station again for profile recording process and for detention.
Progress of case
19 February 2015
Prachakchai summited a complain at the Government House and was arrested twice. The first was when he handed the complaint. He was questioned then released. Then the police arrested him again later that evening while Prachakchai was on his way to work.
22 February 2015
Prachakchai was taken to the Bangkok Military Court for the first detention.
29 March 2015
The inquiry officer filed a request for the fourth detention to the Bangkok Military Court.
Thai Lawyers for Human Rights (TLHR) took care of the case and objected the detention. They reasoned that the accused was suffered from cirrhosis caused by alcoholism. The symptoms were obvious that the abdomen showing fluid buildup, there was a fist-sized tumour at the navel, and there was also jaundice. If the court permitted to detain him in the prison, the accused would have been infected and his condition would have been worsened. This was because sanitation condition in the prison was not suitable for medical care.
Moreover the accused had a record for mental treatment. But the treatment was discontinued as it was too expensive. The accused needed a specialized psychiatrist for the treatment. If detained, the accused would have had limited access to the treatment.
The accused had already given a full testimony to the inquiry officer. The evidence was not too complicated and the official had gathered everything. The accused had no reason to be alble to intervene the evidence. There was no need to detain the accused any longer.
However the court had considered and allowed the accused to be detained. The accused’s relatives did not apply for a bail because they did not have security.
15 October 2015
The court scheduled for the psychiatrist’s testimony on whether the defendant was a person of unsound mind and was fit to plea in his case, according to the Criminal Procedure Code, Section 14. (See in additional information)
The judges took the bench at 13.45 hrs. There were military prosecutor, the defendant’s lawyer and relatives observing the trial. But Prachakchai was at the prison.
Dr. Wanatda Tomkhapanich, Prachakchai’s doctor, testified that now she worked as a psychiatrist, Senior Professional Leve at Galya Rajanagarindra Institute, Department of Mental Health. She was a practitioner, an evaluator and an examiner for the defendant’s condition. The military court sent Prachakchai to Galya Rajanagarindra Institute on 6 July 2015.
Dr. Wanatda had interviewed and found that the defendant had obviously been suffered from delusional disorder. His believe was unchangeable, which was considered as a schizophrenia. The defendant believed that he owned the Grand Palace and he was the Head of State. He even believed that he was HM the King. The defendant also had thought disorder. He could not think thoroughly. These 2 kinds of mental conditions were a delusional disorder. Dr. Wanatda knew at first sight that the defendant had such conditions.
The doctors considered all facts and concluded that the defendant had been suffered from schizophrenia. According to his medical record, the defendant had had chronic problems for 16 – 17 years. This disorder could be cured. It needed medicines continuously and could take months before the symptoms improved. The defendants is now taking some medicines. On 17 August 2015, the last time that the witness met the defendant, the mental problem was still exist.
Before the court adjourned, the judge asked whether, due to his conditions, the defendant should be in an appropriate environment. Dr. Wanatda informed that it would be much better for the defendant to be treated in a hospital.
The judges pronounced that from the doctor’s diagnose today, the judges decided that the defendant was suffered from mental disorder and was not fit to plea. The court then ordered to postpone and dispose the case according to the Criminal Procedure Code, Section 14, and the defendant was to be under the care by the psychiatrist. When the defendant was recovered or fit to plea the case, Galya Rajanagarindra Institute had to report to the military court at once.
The proceedings adjourned around 14.55 hrs.
After the court’s decision, which was for the defendant to be treated at Galya Rajanagarindra Institute and to be detained at Thonburi Remand Prison that was near the Institute, was made, the defendant’s lawyer submitted a request to issue a warrant of release for the defendant to be released and to be treated at home. The lawyer reasoned that the defendant also had a physical condition that was cirrhosis. The medical treatment in the prison was not standardized, which could cause the defendant death. So the lawyer asked the court to release the defendant and hand him over to his family, according to the Criminal Procedure Code, Section 14, Paragraph 2.
16 October 2015
Trial scheduled for examine a requeste from the defendant to be taken under a supervision by his relatives while being treated for health conditions.
In the morning the lawyer filed a petition to the court to issue a warrant of release to the defendant to be taken care of by his family as he needed medical treatment, according to the Criminal Procedure Code, Section 14, paragraph 2.
The judges took the bench at 12.10 hrs. The defendant was not brought to the courtroom today. Before the proceedings began, the court clerk asked the lawyer and the family members to come in the courtroom, while the supporters had to wait outside.
The judge explained that the order was to temporarily dispose the case under the Criminal Procedure Code, Section 14, which was not a permanemt disposal. Therefore the court still had jurisdiction over the case, and it was still under the court's proceedings. When the defendant was recovered, the court could carry on the proceedings. Then the court had the authority to detain the defendant, and will not issue a release warrant.
The judge asked the lawyer whether to insist on the request to sent the defandant to his family. The lawyer said yes. The judge then asked the ones who would look after the defendant to be questioned. They were the defendant’s mother and younger sister.
The judge informed that this court still had authority to detain the defendant. But the judge would allow the sister to look after the defendant. And it needed security as a guarantee for the release. So the judge asked the defendant to surrender some security for the release. The lawyer said that the judge had authority according to Section 14, which allowed the judge to order the defendant to be released and to be taken care of by a carer without surrendering security. Exercising this authority was not a process of bail.
The judge informed that this case carried a severe sentence. The judge wanted to release the defendant, but needed some security as well. The lawyer then asked the judge to specify the security based on economic and health conditions of the defendant too. So that it would not be the family’s burden, because they would have to get a loan for the security.
In the afternoon, the lawyer filed a bail application with the Government Savings Bank's Lottery worth 100,000 Baht as a security. The application also mentioned the defendant’s liver condition and mental disorder. The court granted the order to release the defendant.
In the evening, the family members went to Thonburi Remand Prison to get Prachakchai, who was not there. When first detained, he was at Bangkok Remand Prison but later he was sent to Thonburi Remand Prison, which was closer to the Psychyatric Institute. So Bangkok military court had to send the order to Bangkok Remand Prison first. It turned out that Prachakchai was still detained during that night.
After a coordination, Prachakchai was released from Thonburi Remand Prison in the morning of 17 October 2015, and was under his sister’s care.
Additional Information
Criminal Procedure Code Section 14
Section 14 In the course of an inquiry, preliminary hearing or trial, should there be a reasonable belief that the accused or defendant is insane and therefore unfit to plead, the inquirer or court, as applicable, shall order a medical official to hold a psychiatric evaluation of the person in question and thereafter make a personal appearance to give statement or testimony as to the outcome of the evaluation.
In the event that the inquirer or court finds the accused or defendant insane and unfit to plead, the inquiry, preliminary hearing or trial shall be suspended until the person in question recovers his sanity or is fit to plead.
Where appropriate, the inquirer or court shall also be authorised to deliver the person in question to a lunatic asylum, custodian, Commissioner of Changwat or other person willing to take charge of him.In the event that the preliminary hearing or trial has been suspended pursuant to the foregoing paragraph, the case may be disposed of by the court for a provisional period.
