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Extradition from Thailand

Extradition Act No. 2551 (CE 2008) applies to all extradition proceedings from Thailand. This law repeals and replaces the Extradition Act No. 2472 (CE 1929).

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Extradition Requests in Thailand

Extradition from Thailand

Which countries have signed an extradition treaty?

The following countries currently have extradition treaties with Thailand:

  1. Australia,
  2. Bangladesh,
  3. Belgium,
  4. Canada,
  5. Cambodia,
  6. China,
  7. Fiji,
  8. Indonesia,
  9. Laos,
  10. Malaysia,
  11. Philippines,
  12. South Korea,
  13. United States of America,
  14. the United Kingdom,
  15. Hungary.

What are the offenses subject to extradition?

☑ Serious crimes punishable by the death penalty.

☑ Crimes with a term of imprisonment of one year or more. Extradition for less serious crimes may also be submitted for consideration. Individual extradition treaties may also include a list of specific offenses considered grounds for extradition. For example, the Treaty between the United Kingdom and Thailand regarding the 'extradition of fugitive criminals.'

What are the conditions for extradition?

Extradition is generally granted if the following conditions are met only:

☑ extradition is not contrary to Thai law;

☑ The crime is non-political: the definition "political" does not include murder or an intentional crime (or any attempt of such crimes) against the security of the head of state or his family members;

☑ The crime is not exclusively a war crime 2551 (2008)

Section 7. The offense to be extradited shall be a criminal offense under the laws of the requesting State and Thailand as a criminal offense punishable by death or imprisonment or other forms of deprivation of liberty for a term exceeding one year, whether or not it is provided as an offense in the same category or with the same name in both countries.

Section 8. Extradition begins with an extradition request from the requesting state.

☑ An extradition request from a requesting state with an extradition treaty with Thailand is transmitted to the Central Authority. The request shall be sent through diplomatic channels if the requesting state does not have an extradition treaty with Thailand.

☑ The extradition request and the documents and evidence attached shall comply with the Ministerial Regulation's rules, methods, and conditions.

☑ The extradition request and documents and evidence under paragraph three submitted to the Court shall be translated into Thai and certified by a correct translation.

☑ The Court may accept the extradition request and documents and evidence under this section without calling

Section 9. The Government of Thailand may consider extraditing a person to a requesting State to prosecute or serve a sentence in a criminal case by a court of the latter having jurisdiction over the proceedings in the following circumstances:

(1) if the offense is extraditable and not prohibited by Thai laws or is not an offense of a political nature or a war crime;

(2) if there is no extradition treaty with the requesting state, where that state expressly demonstrates that extradition will be granted to Thailand in the same manner if Thailand so requests.

Political offense in paragraph one (1) does not include the following offenses:

☑ murder, bodily injury, or imprisonment of the King, Queen, or Heir;

☑ murder, bodily injury, or imprisonment of the Head of State, Head of Government, or their immediate family members;

☑ commission of an offense that is not considered a political offense for extradition purposes under treaties to which Thailand is a party. A war crime is a specific war criminal offense, not an offense under criminal law.

War offense is a specific war criminal offense, not a criminal offense under criminal law.

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Update: 12-02-2023
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