Presumption of innocence (Thailand)

The presumption of innocence is enshrined in the Thai Constitution — the accused is presumed innocent until proven guilty by final judgment. In doctrine, this parallels the presumption in every common-law and civil-law system. In practice, its force is limited by two structural facts: bail is routinely denied for Category-1 drug offences, lèse-majesté, and human-trafficking charges, and 22.5% of the Thai prison population is unconvicted at any given time (World Prison Brief, July 2024). Combined with the §78 plea discount, the presumption operates less as a shield than as a formalism: the accused faces a rational choice between months on remand contesting and half the sentence pleading.