Thailand has signed around 39 bilateral extradition treaties with countries in Asia, Europe, Africa, and the Americas. The most recent extradition treaties signed by Thailand were with two European countries: Hungary and Romania. With 39 active extradition agreements, Thailand is one of the jurisdictions in Southeast Asia that has implemented extensive extradition cooperation.
Extradition in Thailand is governed by the Extradition Act B.E. 2551 (2008) (“Extradition Act”) and, where applicable, an extradition treaty between Thailand and the requesting State. Where a treaty applies, its provisions govern extradition, subject to the mandatory requirements of Thai law.
Under the Extradition Act, an offence is generally extraditable if it is a criminal offence under both Thai law and the law of the requesting State, and is punishable by the death penalty, imprisonment, or another deprivation of liberty for at least one year.
The offence does not need to have the same name or legal classification in both countries. The relevant consideration is whether the conduct constitutes a criminal offence in both jurisdictions. The applicable extradition treaty may provide additional requirements or a different threshold.
Extradition may be refused where the offence is political or military in nature. A military offence generally refers to an offence specifically under military law and does not include an ordinary criminal offence merely because it was committed by a military person.
Extradition may also be refused where the person sought has already been finally acquitted or convicted for the same conduct, subject to the requirements of Thai law and the applicable treaty.
Extradition may further be refused where the applicable limitation period has expired, or another legal ground prevents prosecution or punishment.
The extradition of a Thai national is subject to specific requirements. In general, a Thai national may be extradited where an applicable extradition treaty provides for extradition, the person consents to extradition (although our law firm in Thailand H&P has handled cases in Thailand where initial consent was later withdrawn), or extradition is based on reciprocity between Thailand and the requesting State. Accordingly, where the person sought is a Thai national, the applicable treaty and the legal basis for extradition must be specifically examined.
The rule of specialty provides that a person extradited to the requesting State may generally be prosecuted or punished only for the offence for which extradition was granted, subject to exceptions under the applicable treaty or Thai law. The requesting State should therefore clearly identify the offences for which extradition is sought and provide the relevant facts and legal provisions.
An extradition request is submitted to Thailand’s Central Authority, which is the Attorney General. The request must be supported by the required documents, including information identifying the person sought, the facts of the offence, the relevant legal provisions, and an arrest warrant, detention order, or judgment, as applicable.
The Thai Court considers whether the statutory requirements for extradition are satisfied, including the identity of the person, the extraditable nature of the offence, double criminality, and any applicable grounds for refusal. Based on our experience, the Bangkok litigation lawyers at Herrera and Partners H&P consider it essential to focus on the detailed information in arrest warrants and Interpol notices to find grounds to oppose extradition from Thailand.
Where there is an urgent need to secure the person sought, provisional arrest may be requested before the formal extradition request is submitted.
Thailand may also cooperate in extradition matters with a State where no bilateral extradition treaty exists, provided that the requirements of the Extradition Act are satisfied and reciprocity is established.
Where a treaty exists, the specific treaty must be reviewed together with the Extradition Act because it may contain additional provisions concerning extraditable offences, political offences, Thai nationals, limitation, specialty, grounds for refusal, and required documents. The relevant provisions of the applicable laws must be considered together with the specific treaty on a case‑by‑case basis.
Therefore, each extradition request involving Thailand should be assessed based on both the Extradition Act and the specific extradition treaty applicable to the requesting State. In cases where no applicable treaty exists, the principle of reciprocity applies.
If you need a legal consultation regarding an extradition procedure in Thailand, please contact our Bangkok international lawyers and Thai criminal lawyers at info@herrera-partners.com
