Key Takeaways

  • Mutual legal assistance in Thailand runs under the Act on Mutual Assistance in Criminal Matters B.E. 2535 (1992).
  • Thailand has bilateral MLATs with around 14 countries, including the United States, the United Kingdom, Australia and South Korea.
  • Thailand is also a party to the ASEAN Treaty on Mutual Legal Assistance in Criminal Matters, concluded in 2004.
  • Herrera & Partners (H&P) has handled several cases involving the Treaty on Mutual Legal Assistance in Criminal Matters in Thailand.

Mutual Legal Assistance Treaties (MLATs) form a cornerstone of international cooperation in criminal investigations and prosecutions. These treaties provide a formal framework through which countries can request and provide assistance in:

  • Gathering evidence
  • Serving legal documents
  • Interviewing witnesses
  • Tracing assets
  • Other investigative measures

For Thailand, MLATs are essential in addressing crimes that transcend borders, ranging from cybercrime and financial fraud to organized criminal activity and money laundering.

In the last 6 years, our law firm in Thailand H&P has handled several cases of mutual legal assistance in criminal matters in Thailand, often connected to extradition proceedings.

Thailand’s MLAT network and how requests are processed

Mutual legal assistance in Thailand is governed by the Act on Mutual Assistance in Criminal Matters B.E. 2535 (1992). Under Section 6 of the Act, the Attorney General, or a person designated by the Attorney General, is Thailand’s Central Authority, responsible for receiving foreign requests and transmitting Thai requests abroad.

Mutual Legal Assistance FrameworkCountries / Parties
Bilateral treatiesAustralia, Belgium, Canada, China, France, India, Norway, Peru, Poland, South Korea, Sri Lanka, Ukraine, United Kingdom and United States
ASEAN Treaty on Mutual Legal Assistance in Criminal MattersBrunei Darussalam, Cambodia, Indonesia, Lao PDR, Malaysia, Myanmar, Philippines, Singapore, Thailand, Timor-Leste and Viet Nam

These treaties outline the procedures and obligations for both the requesting and requested state, ensuring that assistance is provided in a manner consistent with domestic law and international standards. In criminal investigations and criminal proceedings, treaty countries can proceed between the central authorities directly, without passing through diplomatic channels. 

Where a country has no MLAT with Thailand, the request must be made through diplomatic channels, coordinated by the Ministry of Foreign Affairs with the Office of the Attorney General, and the requesting state must commit to assist Thailand in a similar manner when requested. 

Requests must comply with the procedural requirements of both jurisdictions, including rules on admissibility of evidence and respect for due process and human rights.

Country with an MLATCountry without an MLAT
ChannelDirect to the Attorney General, Thailand’s Central AuthorityDiplomatic channels via the Ministry of Foreign Affairs
ConditionTerms of the treatyReciprocity

Example: the MLAT between Thailand and the United Kingdom

The Treaty on Mutual Legal Assistance in Criminal Matters between Thailand and the United Kingdom, in force since 10 September 1997, allows for a broad range of cooperative measures. Thai authorities may request assistance from UK counterparts in collecting documents, sharing digital evidence, or obtaining witness statements, and vice versa. Under the treaty, the Office of the Attorney General acts as the central coordinator for Thailand. 

The treaty ensures that such cooperation adheres to each country’s legal safeguards, balancing the need for effective investigation with the protection of individual rights. This framework enables authorities to work through the complexities of differing legal systems while maintaining the integrity of criminal proceedings.

Why MLATs matter in cross-border cases

The practical significance of MLATs is particularly evident in complex cross-border cases. In instances of cybercrime, perpetrators often operate across multiple jurisdictions, making it difficult for any single state to collect sufficient evidence.

Similarly, organized criminal networks involved in trafficking, financial crimes, or money laundering often disperse operations internationally. MLATs provide the mechanism for Thai authorities to access critical evidence that would otherwise be out of reach, facilitating effective prosecution and ensuring that justice is served.

Challenges in using MLATs

However, challenges in using MLATs remain. Differences in legal systems and procedural requirements between countries can lead to delays or difficulties in executing requests. 

It is also necessary to ensure that MLATs are not misused for political or extrajudicial purposes. Under Section 9 of the Act, assistance may be refused where the request affects national sovereignty, security or other crucial public interests, or relates to a political or military offence. 

Safeguards within the treaties, coupled with oversight by competent authorities such as the Office of the Attorney General and the courts, are essential to prevent abuse and maintain compliance with fundamental legal principles.

Legal oversight of MLAT requests

From a legal standpoint, MLATs require careful oversight. Requests must be:

  • Precise
  • Justified
  • Consistent with the treaty and domestic law

Authorities must ensure that evidence collected abroad meets standards of admissibility in Thailand and that the rights of individuals involved are fully protected. Openness, accountability, and adherence to legal standards are key to maintaining trust and efficacy in international cooperation.

MLATs let Thai authorities investigate and prosecute complex international crimes while protecting the rights of the individuals involved in these processes.

If you need to discuss a mutual legal assistance request or a related extradition matter in Thailand, please contact our law firm in Bangkok at contact@thailandextradition.com

Frequently asked questions

What is a mutual legal assistance treaty (MLAT)?

An MLAT is an agreement between states to help each other gather evidence, take witness statements, serve documents and trace assets in criminal cases. It does not cover the surrender of persons.

Which countries have an MLAT with Thailand?

Fourteen: the United States, the United Kingdom, Canada, France, Norway, China, South Korea, India, Poland, Sri Lanka, Peru, Belgium, Australia and Ukraine, plus the ASEAN treaty.

Does Thailand have an MLAT with the Philippines?

Yes, through the ASEAN Treaty on Mutual Legal Assistance in Criminal Matters, concluded in Kuala Lumpur in 2004. Thailand signed in January 2006. Thailand and the Philippines are both parties.

How is an MLAT request made to Thailand?

Treaty countries send requests directly to the Attorney General, Thailand’s Central Authority under Section 6 of the Act. Non-treaty countries go through diplomatic channels and must offer reciprocity.

Is an MLAT the same as extradition?

No. MLATs cover evidence and investigative assistance under the 1992 Act. Extradition, the surrender of a person, runs separately under the Extradition Act B.E. 2551.

Sources