At the beginning of 2025, Thailand’s Criminal Court granted former Prime Minister Thaksin Shinawatra permission to travel abroad. The cases of Thaksin are well-known in Thailand and beyond, but understanding how it can relate to a defendant in Thailand may not be obvious. There are indeed stringent conditions under which Thai courts may allow individuals facing legal proceedings to leave the country, and this can help you too.

The Case at Hand

Thaksin Shinawatra, facing charges including lese-majeste and computer crimes, requested court approval to attend an ASEAN meeting in Malaysia. The court permitted this travel on the condition that he posted a 5-million-baht cash surety, reported back within three days of his return, and notified the Immigration Bureau upon re-entry. This marked his first approved international trip since returning from exile in August 2023. 

Understanding International Bail in Thailand

International bail is typically granted under exceptional circumstances. Defendants must provide compelling reasons for travel, such as medical emergencies, critical business obligations, or significant family events. Courts assess these requests meticulously, considering factors like the nature of the charges, flight risk, and the defendant’s history of compliance with legal proceedings.

Key Considerations for Defendants

1. Compelling Justification: Courts require substantial evidence supporting the necessity of international travel. In Thaksin’s case, official documentation from the Ministry of Foreign Affairs corroborated his need to attend the ASEAN meeting.
2. Financial Surety: A significant cash surety is often mandated to ensure the defendant’s return. The amount varies based on the case’s specifics and the perceived flight risk.
3. Strict Reporting Requirements: Defendants granted international bail must adhere to strict reporting protocols, including timely return and notification to relevant authorities.
4. Potential for Denial: Even with substantial justification, courts may deny international travel requests if they deem the risk too high or the reasons insufficient. Thaksin’s subsequent request to visit Indonesia was denied due to inadequate justification. 

Implications for Other Defendants

Thaksin’s case illustrates that while international bail is possible, it is contingent upon meeting stringent criteria. Defendants must present a compelling case, backed by credible evidence, and demonstrate a history of compliance with legal obligations.

Conclusion

Navigating the complexities of international bail in Thailand requires a thorough understanding of legal requirements and meticulous preparation. Defendants seeking to travel abroad while facing charges must be prepared to meet the court’s stringent conditions and provide compelling justification for their requests. Legal counsel experienced in Thai criminal law can provide invaluable assistance in these matters, ensuring that defendants understand their rights and obligations under the law. Thailand Bail, as our name suggests, knows about bail. We have assisted specific people with international bail, where the circumstances demanded this strategy. If you are out on bail in Thailand, but need to leave the country temporarily, please contact Thailand Bail. You can also read our previous articles on international bail on our website. For more details, please send us an email at info@thailandbail.com