Thailand Business News reports that Thailand's  Department Ministry of Justice Corrections has pronounced that it will stop their custom of shackling inmates with iron chains and bars at Bang Kwang Central Prison. 

Thailand Criminal Lawyer:

Chaninat and Leeds specializes in international criminal cases in Thailand

The century long practice of chaining inmates were used for those awaiting trial, or those  convicted with serious offences and sentenced to life imprisonment. Anyone sentenced to death was shackled until execution.

The heavy and incumbent leg irons could weigh anything from between 3kg to 15kg.

Under the pilot project, 563 out of 800 "well behaved" inmates at the prison have had the shackles removed from their ankles since January 2013.

Human rights groups have repeatedly condemned the practice and now Amnesty International Thailand has spoken out supporting the decision, happy that Thailand are starting to conform with international human rights practices. The group still think Thailand can do more and are calling on the government to end the death sentence.

For security reasons, inmates will still be shackled when appearing before courts.

Increasing Popularity of Lifestyle Clauses Unlikely to be Seen in Thai Prenuptial Agreements

Do you expect your wife to be to provide a home cooked meal every night? Do you love trashy soap operas but your future groom hates them? What's an acceptable amount of money to spend on a new pair of shoes?

Traditional prenuptial agreements set out financial arrangements in the event of a break up, however KTNV reports this week that that lifestyle clauses are becoming increasingly popular in prenuptial agreements. 

Lifestyle clauses are boundaries of what a couple deems to consider acceptable behavior and some even go one step further and include fines for any breach of the same.

KTNV explains how this clause may work: the wife loves music, but her husband does not, therefore she may only play the piano when he is not home. Perhaps the husband hates the colour green - the wife then is not allowed to wear anything of this colour. Going one step further: the husband imposes a limit of the heaviest his wife can weigh - he can fine her if he finds she ever weighs more than this!

It is questionable what would be the outcome if the legitimacy of these agreements were to be ever tested in the Courts. It would be more difficult for a couple who are dating to enforce any breach rather than a married couple.

Lifestyle clauses in Thai prenuptial agreements would be highly unusual, if indeed permitted at all. Thai prenuptial agreements are governed by the Thailand Civil and Commercial Code, sections 1465-1493. Any legal agreement must be in writing on the same date of marriage registration, or must be a written agreement signed by both parties, with two witnesses. The agreement should also be attached with the marriage certificate where the marriage is registered.

Thai prenuptial agreements are generally vetted by government officials which limits the remit of the agreement to deal solely with assets and personal and matrimonial property. In fact section 1465 of the Civil Code specifically states, <em>"any clause in the prenuptial agreement contrary to public order or good morals, or stating that the relations between them as regards such assets are to be governed by foreign law shall be void".</em>

So whereas the thought of being able to limit the amount of times your husband goes to the pub each week, you are unlikely to be able to legally enforce this in Thailand!

Related Law:

The Prenuptial Agreement Code of Thailand

Related Articles:

Thailand Divorce: Financial Considerations 

 

American Abortion Doctor is Convicted of Murder as Abortion Debate Continues in Thailand

The Washington Post reported this week that American abortion doctor Kermit Gosnell, 72, was found guilty on Monday of three counts of first-degree murder. The jury accepted the Prosecutor's case that Gosnell had conducted illegal late term abortions in his dirty West Philadelphia clinic, thus severing the spinal cords of three infants who were in fact born alive during the procedure. He was acquitted on a forth count of murder.

The Gosnell verdict arrives at a time for Thailand when the debate on abortion continues about the legality and morality of abortion. The sensitive but emotional debate was fuelled following  the discovery of 2000 fetuses in the grounds of a Bangkok Buddhist temple in late 2010 as reported by the New York Times.

Some point out that abortion should be legal in this day and age, and that there are many different reasons behind unwanted pregnancies. Others argue strongly that abortion is still a serious sin, and thus stand firm that the present law should remain.

Regardless of the strong views of the public both for and against,unless the pregnancy is a result of rape or incest or will endanger the life of the mother, abortion remains illegal in Thailand in accordance with sections 301-305 of the Thai Penal Code. Performing an illegal abortion can lead to a sentence of five years imprisonment, a fine of 10,000 baht (about USD 336 as of May 2013 exchange rate) or both, whilst a woman who undergoes an abortion is liable for three years imprisonment, a fine of 6,000 baht (about USD 222) or both.

In the meantime, Gosnell now faces sentencing at a later date, with the primary decision to determine being if he should receive the death penalty or face life in prison. Prosecutors have indicated that they will be seeking the death penalty. 

 

Thailand Criminal Lawyer:

Chaninat and Leeds specializes in international criminal cases in Thailand

Thailand Real Estate Market Driven by Domestic Demand

Although there is a significant foreign interest in Thailand’s real estate market, the majority of buyers in the residential and resort sectors are Thais, according to CBRE Thailand Chairman David Simister.

Simister said the problem with the current breakdown of Thailand’s real estate buyers between domestic and foreign is that, the foreign entrants in the market are cash buyers. There is no problem at all in the quality of freehold title but if Thailand wanted more foreign buyers, the country may need to allow Thai banks to give mortgages to foreigners.

Thailand is considered to be, relatively, less developed than other Asian capitals such as Hongkong and Singapore. Nevertheless, Simister said, Thailand has captured the car manufacturing market very well and this gives the real estate market a positive future outlook. “For example, you had a small family company making the nuts that put a standard steel wheel onto a standard basic sedan, your business is doing very well, and you are generating wealth and prosperity. That money is going back into the Thai economy and we are seeing a fair portion of it in terms of additional property purchases.” Simister added.

Chaninat and Leeds, Thailand Property Attorneys assist foreign buyers interested in Thailand real estate market.

Related Documents:

Thailand Land Code

Buying Land and Property in Thailand

Thailand Tales of Sex and Death

A 50-year-old woman in Everett, Washington was accused of suffocating her 51 year-old boyfriend to death with her breast, according to a recent report by Kiro 7 Eyewitness News.

Witnesses told police that the couple were heard arguing in two instances during that evening in their mobile home. In one incident, witnesses saw the woman throwing her boyfriend in the back of their mobile home and the victim was heard telling the woman to get off of him. The woman was found with her chest on the victim’s face. The victim was pronounced dead in the hospital and police charged the woman with second-degree manslaughter.

Thailand Lawyers noted that death by sex incidents are not common, but there were some internationally publicized cases that took place in Thailand involving dangerous sex acts that led to the deaths of foreign nationals.

Hollywood star David Carradine reportedly died in a kinky sex act. Carradine was found with rope tied around his neck and testicles. Police reports suggest the actor tied the rope himself. Carradine may have been attempting to orgasm by asphyxiation, believed by some to enhance or prolong orgasms.

In 2011, a 30-year old male New Zealander was found dead after having sex with two “bar hostesses” at a guesthouse in Patong. There were many unanswered questions surrounding the grisly find.  The Thai police found two used condoms and evidence of sex stimulants, but no prostitutes in the man’s hotel room.

A young female backpacker was also found dead in year 2000 at her hotel room in Chiangmai. According to Thai police reports, the backpacker was strangled accidentally during a consensual sex that gone too far. A dangerous sex act involving suffocation is believed to create stronger orgasms.

When Thailand Divorce Turns Deadly

Although the majority of Thailand divorce cases are resolved without serious conflicts, some divorces do culminate in tragedy. A survey of recent news stories demonstrates a number of notable Thai-foreign marriages, ending not in an amicable divorce, but rather ending in a violent murder.

In October 2012, South African Oswald Heinrich Duvel was shot dead on the head by a gun man amid ongoing child custody battle in Thai courts with his ex-wife. The gun man was later identified by media to be his ex-wife’s half brother but police however, identified the gun man as the “new husband”. Duvel’s ex-wife and her mother confessed to the murder.

In 2008, 69-year-old retired Brit engineer Ian Beeston was beaten and stabbed to death at his home in a village in the north-eastern province of Thailand. Beeston’s 42 year-old Thai wife plotted his murder so she could enjoy his money with her Thai lover. Prior to his death, Ian Beeston predicted his own death in a letter to his lawyer saying “It is just a matter of time now. I am in real fear for my own life.” Beeston’s wife and her lover were arrested and charged for his murder.

In 2005, UK national Toby Charnaud was beaten to death, barbecued and his body fed to the tigers in Kaeng Krajan national park in Thailand after he divorced his Thai wife and removed her from his will. Charnaud’s ex-Thai wife and her three accomplices were later charged and sentenced to life imprisonment in 2006.

Divorce can turn deadly. As Thailand divorce attorneys like to say, while bad people can be seen on their best behavior in criminal court, divorce often showcases good people at their worst. Taking precautionary measures is a wise course of action prior to entering situations that involve child custody or the division of money and assets.

Read on article Thailand Marriage and Divorce: Thai Dream or Foreigners Nightmare?

Thailand Real Estate Industry Expects Upbeat 2013

The Bangkok Post recently reports that Thailand real estate prices are set to rise, adding that the Thai real estate sector is growing and consumer demands in all regions are on the rise. The Bangkok Post article stated that many properties were already made available for sale or for rent in 2012 and the number is expected to grow with more properties in the pipeline for big and small developers in 2013.

The Nation however has a different view and in a recent report included the Thai real estate marked as one of a number of economic bubbles that threaten the Thai economy. According to The Nation article, although Thailand real estate market may expand this year, a booming real estate create a financial bubble.

Foreign nationals dealing with the Thailand real estate sector need to exercise caution and obtain legal assistance from Thailand property lawyers. Thai- US law firm Chaninat and Leeds based in Bangkok has recently published the complete English translation of the Thailand Condominium Act. The Act is in legal language and is used by attorneys, professionals and interested consumers as well.

The text book of the Thailand Land Code in complete English translation which is available in many bookstores in Thailand is also published by Chaninat and Leeds. The Thailand Land Code covers the full text of the Act on Ministerial regulations prescribing the rules, procedures and conditions of land acquisition for residential purposes by foreigners.

  Related Articles:

• Buying a Condominium in Thailand
• Thailand’s Condominium Bubble a Reality or Myth