The question most frequently asked by people who have become suspects is not "Will I go to prison?" but rather small questions that affect daily life: Can I go back to my hometown upcountry? Can I go work abroad? Can I apply for a new job? And what if I want to ordain as a monk?
The short answer is being a suspect does not automatically strip you of all rights. What really restricts your life is often not your status as a "suspect," but rather the conditions attached to temporary release and outstanding warrants.
Three layers that must be distinguished
Layer 1: Status in the case Being accused, being charged, or being prosecuted as a defendant. This layer alone does not prohibit anything in daily life.
Layer 2: Conditions of temporary release This is the layer that truly restricts, e.g., being prohibited from leaving the Kingdom unless permitted, having to report at specified times, and being prohibited from approaching the victim. Violation results in revocation of temporary release and forfeiture of the security.
Layer 3: Outstanding warrants If there is an arrest warrant that has not been resolved, the risk appears when passing checkpoints, such as immigration checkpoints, or when an inspection is carried out for other reasons.
Many people worry about Layer 1, which prohibits nothing, but do not know what they are entangled in within Layers 2 and 3.
Travel
Domestic travel is generally possible unless specific conditions are imposed. For travel abroad, you must always check the conditions of your temporary release beforehand, and if there is a necessity, such as work or medical treatment, apply for permission in advance with supporting documents.
What you should not do is go try at the airport, because if there are conditions or an outstanding warrant, the result is not just that you cannot travel, but it affects your entire temporary release status.
Applying for Jobs
Being accused is not the same as being convicted of an offense, and the law presumes that a person is innocent until the case reaches a final judgment.
In practice, some employers ask applicants to undergo a background check, which is a different matter from legal status. What you should do is know what information you have in the system and, when the case has concluded, check whether the case outcome has been recorded correctly.
As for a job you already have, termination merely because you are being prosecuted for a matter unrelated to your job duties, and the case has not yet become final, is something that can be contested.
Ordination
Ordination into the monkhood is governed by the rules of the Sangha, which operate separately from civil law, and prescribe the qualifications of the applicant, including the issue of being a suspect or defendant in a criminal case. Those who wish to ordain while having a pending case must therefore directly ask their preceptor or the local ecclesiastical chief rather than asking only a lawyer.
And regardless of the outcome, court hearing dates and bail conditions continue as normal. Ordination does not halt the case.
The Most Costly Oversights
Failing to appear for a scheduled hearing without notice can result in an arrest warrant being issued and your security being forfeited, even though notifying them in advance with a reason might have allowed a postponement.
Moving without notifying the authorities causes summonses or hearing notices to be sent without reaching you, which then becomes a failure to appear.
Believing a verbal statement that the case is finished without any document to confirm it.
Not knowing what conditions apply to you because you never read the documents you signed on the day you requested temporary release.
What to do today
- Gather all documents related to the case, especially the temporary release documents.
- Write all appointment dates in your calendar and set reminders in advance.
- Check whether there are conditions prohibiting travel or requiring you to report.
- Provide a correct address where you can actually be contacted.
- If you need to travel or make any changes, submit a request for permission in advance through your lawyer.
Read more
- What to do if you receive a summons for the first time
- Guide to defending criminal cases
- Applying for temporary release in fraud and money laundering cases
📌 See more: Criminal Cases
If you are unsure what conditions apply to you, consult a lawyer for free Call 092-254-2045
This article provides general information and is not legal advice for a specific case. The conditions in each case differ. You should check the documents in your own case.