This Act contains certain provisions relating to restriction of rights and liberties of persons, which, under Section 29 in conjunction with Sections 31, 34, 35, 36, 37, 48, 58, 237 and 238 of the Constitution of the Kingdom of Thailand, allow to do so by virtue of the provisions of law.
Section 21 Special Cases required to be investigated according to this Act are the following criminal cases:
(1) Criminal cases according to the laws provided in the Annex attached hereto and in the ministerial regulations as recommended by the BSC where such criminal cases shall have any of the following natures:
(a) It is a complex criminal case that requires special inquiry, investigation and special collection of evidence.
(b) It is a criminal case which has or might have a serious effect upon public order and moral, national security, international relations or the country’s economy or finance.
(c) It is a criminal case which is a serious transnational crime or committed by organized criminal group ; or
(d) It is a criminal case in which influential person being a principal, instigator or supporter.
This however shall be in line with details of the offence provided by the BSC.
(2) Criminal cases other than those stated in (1) where the BSC resolves by no less than two-thirds votes of its existing Board members.
In a case of a single offence against various legal provisions and a particular provision is handled by Special Case Inquiry Official according to this Act, or in a case of several related or continuous offences and a particular offence is handled by the Special Case Inquiry Official according hereto, such Special Case Inquiry Official shall have a power to investigate offences against such other provisions or other matters and such case shall be considered as Special Case.
Any case which the investigation has already been completed by Special Case Inquiry Official shall be considered as Special Case Investigation according hereto.
This provision shall also apply to person who becomes a principal, instigator or supporter of an offence.
The Act contains 44 Sections.
Thailand-Special Case Investigation Act-2004-eng (full text in English, PDF)
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