Chaliaw: Upload audio clip.
Defendant
Case Status
Case Started
Complainant / Plaintiff
Table of Content
Chaliaw was summoned to report before the National Council for Peace and Order (NCPO) under an Order no.44/2014 he had been intorrogated via lie detector while he was detained at the military camp. Later on, Chaliaw was charged with Article 112 of the Criminal Code, he was detained throughout the trial until the Court of the First Instance granted probation after sentenced him to 1 year and 6 months
After the verdict, the public prosecutor submitted an appeal asking to punish him more severe and the Court of Appeal changed the verdict to 2 years and 6 months without probtion. Later, the Supreme Court affirmed the verdict and Chaliaw has to serve his sentence.
Defendant Background
Chaliaw was a suit tailor. He has no record of participation in any political movement.
Offense
Allegation
Chaliaw was accused for uploading and publicizing an audio clip of a presenter named 'Banpodj' via 4Share website since the late of 2011. The content of the clip deem to be a violation of Article 112 of the Criminal Code and Section 14 of the Computer-related Crime Act 2007.
In the complaint, the prosecutor specified that this case is a complicated criminal case and may effect to the National Security, therefore, it is under the authority of Department of Special Investigation (DSI).
Circumstance of Arrest
Chaliaw went to report to the NCPO after he was summoned by the NCPO order no.44/2557 at the Army Club on 3 June 2014. He was charged with Article 112 after he was detained for 7 days.
Trial Observation
Black Case
Court
Additional Info
Reference
3 June 2014
Chaliaw went to report under the NCPO order No. 44/2557.
While he was detained in the military case, Chliaw admitted that he uploaded a file of somone named 'Bunpodj'. His statement was recorded.
Other people who also reported under the order No. 44/2557 said that while they were interrogated only once, Chaliaw was interogated three times and twice with a lie detector.
9 June 2014
After being detained for 7 days, Chaliaw was taken to the Technology Crime Suppression Division (TCSD) to inform the accusasion under the Article 112 of the Criminal Code. The inquiry officer allowed him to go home at that night and told him to go to the Criminal Court on the next day.
10 June 2014
Chaliaw and his family went to the Criminal Court according to the appointment. The inquiry officer submitted a request for a provisional detention while his realtives submitted a request for bail with a 800,000 baht security. The court did not allow him on bail because this case was a dissemination of information and a severe crime. Chaliaw then was detained at Bangkok Remand Prison.
29 August 2014
After the provisional detention period was ended, Chaliaw was taken to the Criminal Court for a deposition examination. He confessed. The court sentenced him for 3 years in prison and reduced by half to 1 year and 6 months because he confessed. The imprisonment penalty shall be suspended for 2 years.
8 October 2014
The public prosecutor submitted an appeal to the Court of Appeal showing that he disagreed with the Court of the First Instance that gave the penalty for 3 years and suspended the sentenced. The appeal stated that the act of this case is severe, the defendant uploaded a lèse majesté clip that the public can access. The prosecutor aked the Court of Appeal to give the maximum penalty to the defendant to warn the others not to do the same.
3 September 2015
The Appeal verdict annoucement
At the Criminal Court, Chaliaw, his wife and his friends and relatives arrived around 8.50. They came to the court room no.805 around 9.30 with a reporter and 5 observers.
The court ordered to move this case to the court room no.809 and ordered for a closed trial. The court allowed only the lawyer, the plaintiff and the defendant to be in the room. Chaliaw's wife, relatives who traveled from Chaiyaphum Province, 320 km from Bangkok, and observers have to wait outside.
Around 45 minutes later, Chaliaw's lawyer informed that the Court of Appeal changed the penalty to 5 years and reduced to 2 years and 6 months without suspension.
After the court read the verdict, Chaliew was brought to the holding cell underneath the Criminal Court building await for the bail order. He will be detain at the Bangkok Remand Prison because the Criminal Court forwarded his petition to the Supreme Court for a decision which will take 2 to 3 working days.
8 September 2015
The Supreme Court allowed Chaliew on bail with 400,000 baht as a deposit.
9 June 2016