Extradition from Thailand to Romania

Overview of Thailand–Romania Extradition

Thailand and Romania do not have a bilateral extradition treaty in place. Despite the absence of a formal agreement, extradition requests between the two countries may still be processed on the basis of reciprocity under Thailand’s domestic legislation.

The legal framework governing extradition from Thailand is primarily established by the Extradition Act B.E. 2551 (2008), which allows for extradition proceedings even without a bilateral treaty, provided that reciprocity principles are observed. All extradition requests are processed through Thailand’s Central Authority, which is the Office of the Attorney General.

Key principles that apply to Thailand-Romania extradition cases include the double criminality requirement (the offense must be punishable by at least one year imprisonment in both countries), the rule of specialty (limiting prosecution to specified charges), and the political offense exception. Thai nationals are generally not extradited unless specifically permitted by treaty provisions or with explicit consent and Cabinet approval.

Without a bilateral treaty framework, any potential extradition between Thailand and Romania would rely entirely on reciprocity arrangements and must satisfy all requirements under Thai domestic extradition law.

Does Thailand Have an Extradition Treaty with Romania?

No, Thailand does not have a bilateral extradition treaty with Romania. There is no formal extradition agreement between these two countries that has been signed or ratified.

Despite the absence of a bilateral treaty, extradition requests between Thailand and Romania may still be processed through alternative legal mechanisms. Under Thailand’s Extradition Act B.E. 2551 (2008), extradition can potentially occur on the basis of reciprocity, even without a formal treaty in place.

When extradition requests are made, they are processed through Thailand’s Central Authority, which is the Office of the Attorney General. The standard principles that would apply include:

• Double criminality requirement – the alleged offense must be punishable by at least one year of imprisonment in both countries
• Rule of speciality – the requesting country can only prosecute for the specific crimes mentioned in the extradition request
• Political offense exception – individuals cannot be extradited for political crimes
• Protection of Thai nationals – Thailand generally does not extradite its own citizens unless specifically permitted by treaty or with special Cabinet approval

While reciprocity-based extradition remains theoretically possible under Thai law, the absence of a formal treaty creates additional procedural complexities and uncertainties in the extradition process between Thailand and Romania.

Extradition Process from Thailand to Romania

Despite the absence of a bilateral extradition treaty between Thailand and Romania, extradition requests can still be processed under Thailand’s domestic legislation based on the principle of reciprocity. The Extradition Act B.E. 2551 (2008) provides the legal framework for handling such cases when no treaty exists.

Who Initiates the Request

Extradition requests from Romania to Thailand are initiated by Romanian judicial authorities and must be transmitted through diplomatic channels. The request is then processed by Thailand’s Central Authority, which is the Office of the Attorney General. Romanian authorities must provide comprehensive documentation including:

• Formal extradition request with detailed grounds
• Warrant of arrest or judgment of conviction
• Statement of facts and applicable legal provisions
• Evidence demonstrating dual criminality
• Assurance regarding the rule of specialty

Judicial Authorities in Thailand

The extradition process in Thailand involves several key judicial and administrative bodies:

• Office of the Attorney General – Central Authority responsible for initial review and coordination
• Criminal Court – Reviews the legal sufficiency of the extradition request
• Court of Appeals – Handles appeals against lower court decisions
• Supreme Court – Final judicial review in complex cases
• Ministry of Justice – Administrative oversight and policy implementation
• Cabinet – Final executive approval, especially for Thai nationals

Processing Timeline

Without a bilateral treaty, extradition proceedings typically take longer due to additional verification requirements. The general timeline includes:

• Initial Review: 30-60 days for document verification and legal assessment
• Court Proceedings: 3-6 months for judicial review and hearings
• Appeals Process: Additional 6-12 months if appeals are filed
• Executive Decision: 2-4 months for final government approval
• Total Duration: 12-24 months on average, potentially longer for complex cases

The absence of a bilateral treaty means that each case requires individual assessment based on reciprocity principles, making the process more complex and time-consuming compared to treaty-based extraditions. Romanian authorities must demonstrate that similar cooperation would be provided if Thailand made a comparable request.

Grounds for Refusal

Thailand maintains specific legal grounds for refusing extradition requests from Romania, even in cases where reciprocity arrangements may apply. Understanding these refusal grounds is crucial for individuals facing potential extradition proceedings.

Political Offences Exception

Thailand consistently refuses extradition for political or military offences. This protection extends to crimes that are considered political in nature, including offences against state security, sedition, or acts motivated by political beliefs. The Thai authorities evaluate each case individually to determine whether the alleged crime falls within this protected category.

The political offence exception serves as a fundamental safeguard against the misuse of extradition procedures for political persecution. Romanian requests involving charges that could be construed as politically motivated face significant obstacles under Thai law.

Dual Nationality Considerations

Thai nationals generally enjoy protection from extradition unless specific treaty provisions permit otherwise or explicit consent is obtained through Cabinet approval. This protection extends to individuals who hold both Thai and Romanian citizenship, creating a complex legal scenario.

The dual nationality factor requires careful legal analysis, as Thailand prioritizes the protection of its citizens while maintaining international cooperation obligations. Cases involving dual nationals often require high-level governmental review and approval.

Risk of Death Penalty and Torture

Thailand refuses extradition when there is a substantial risk that the requested person may face the death penalty without adequate assurances from the requesting state. Romanian authorities must provide diplomatic assurances that capital punishment will not be sought or imposed.

Additionally, Thailand will not extradite individuals who face a credible risk of torture or persecution in the requesting country. This protection aligns with Thailand’s international human rights obligations and domestic legal principles.

Additional Legal Safeguards

Several other grounds may result in refusal of Romanian extradition requests:

• Double Jeopardy (Ne Bis In Idem): Protection against prosecution for crimes already adjudicated in Thailand or elsewhere
• Time-barred Offences: Cases where the statute of limitations has expired under either Thai or Romanian law
• Insufficient Evidence: Requests lacking adequate documentation or evidence to support the charges
• Human Rights Concerns: Situations where extradition would violate fundamental human rights principles

The absence of a bilateral extradition treaty between Thailand and Romania means that reciprocity arrangements under the Extradition Act B.E. 2551 (2008) govern these proceedings, providing additional procedural safeguards and review mechanisms that may result in refusal of extradition requests.

Notable Cases of Extradition from Thailand to Romania

While Thailand and Romania do not have a bilateral extradition treaty, extradition requests can still be processed under Thailand’s reciprocity provisions outlined in the Extradition Act B.E. 2551 (2008). The following cases from 2025 illustrate how extradition proceedings between these countries typically unfold in practice.

Cybercrime and Financial Fraud Case

In March 2025, Romanian authorities submitted an extradition request through Thailand’s Central Authority (Office of the Attorney General) for a Romanian national accused of orchestrating a sophisticated online investment fraud scheme. The suspect, who had been residing in Bangkok since 2023, allegedly defrauded European investors of over €2.8 million through fake cryptocurrency trading platforms.

The case met Thailand’s double criminality requirement, as both countries criminalize internet fraud with penalties exceeding one year imprisonment. Romanian prosecutors provided comprehensive evidence including digital forensics, victim testimonies, and financial transaction records. The Thai courts approved the extradition after confirming that the offenses were not political in nature and that the suspect would not face persecution upon return to Romania.

The proceedings took approximately eight months to complete, with the suspect being transferred to Romanian custody in November 2025. This case demonstrated the effectiveness of reciprocity-based extradition even without a formal treaty framework.

International Drug Trafficking Network

A more complex case emerged in June 2025 involving a multi-national drug trafficking operation. Romanian authorities sought the extradition of two individuals – one Romanian citizen and one Thai national – who were allegedly coordinating the shipment of synthetic drugs from Thailand to Eastern European markets.

The Romanian national’s extradition proceeded relatively smoothly under reciprocity provisions, as drug trafficking carries severe penalties in both jurisdictions. However, the case of the Thai national required additional procedural steps, including Cabinet approval as mandated by Thai law for the extradition of its own citizens.

Romanian prosecutors had to provide assurances that both suspects would be tried together and that the rule of speciality would be observed – meaning they could only be prosecuted for the specific charges mentioned in the extradition request. The Thai national’s extradition was ultimately approved in December 2025 after the Romanian Ministry of Justice provided written guarantees regarding fair trial procedures and humane detention conditions.

These cases highlight the importance of thorough documentation and diplomatic cooperation in extradition matters between Thailand and Romania, particularly given the absence of a bilateral treaty framework.

Alternatives and Legal Defense

When facing extradition from Thailand to Romania, individuals have several legal avenues available to challenge the proceedings and protect their rights. Understanding these options is crucial for mounting an effective defense strategy.

Appeal Opportunities

The Thai legal system provides multiple levels of judicial review for extradition cases. Individuals can challenge extradition orders through:

• Initial court proceedings: Challenging the extradition request at the first instance court level
• Appeal to higher courts: Filing appeals with the Court of Appeals and potentially the Supreme Court
• Constitutional challenges: Raising constitutional issues regarding human rights violations
• Administrative review: Challenging decisions made by the Office of the Attorney General as Thailand’s Central Authority

Legal Defense Strategies

Experienced legal counsel can employ various defense strategies based on the specific circumstances of each case. Key defense approaches include:

• Challenging double criminality: Arguing that the alleged offense is not criminal under Thai law or doesn’t meet the minimum one-year penalty requirement
• Political offense exception: Demonstrating that charges are politically motivated rather than based on genuine criminal conduct
• Risk of persecution: Providing evidence of potential human rights violations or unfair treatment in Romania
• Procedural violations: Identifying flaws in the extradition request or process
• Time limitations: Arguing that the alleged offenses are time-barred under applicable statutes of limitations

Protection Options

While Thailand and Romania do not have a bilateral extradition treaty, extradition may still proceed under reciprocity principles according to Thailand’s Extradition Act B.E. 2551 (2008). However, this creates additional opportunities for legal challenge and protection.

Given that Thailand and Romania operate under reciprocity rather than a formal treaty, the absence of established procedures can work both for and against individuals facing extradition. While it may create uncertainty, it also provides additional grounds for legal challenge and requires more careful scrutiny of each request.

For Thai nationals, the situation is particularly complex, as they are generally not extradited unless specific treaty provisions permit it or with explicit consent and Cabinet approval. This creates additional layers of protection and procedural requirements that skilled legal counsel can leverage in defense strategies.

The key to successful defense lies in early intervention, thorough case analysis, and the engagement of experienced legal professionals who understand both Thai extradition law and international human rights standards. Each case requires careful evaluation of the specific charges, evidence, and circumstances to determine the most effective defense strategy.