Thailand Law Library

by Thailand Lawyer

Chapter 3: Punishments and Measures of Safety

Whoever commits offence with imprisonment, and in such case, the Court will imprison him not exceeding three years, if it does not appear that such person has been imprisoned before, or if such person previously undertook the punishment of imprisonment but it is punishment for offence committed by negligence or petty offence, when the Court has taken into consideration of sex, age, past record, religion, behavior, intelligence, education, health, mind-condition, temperament, occupation and envelopment of such person or the fined person's offence condition or other extenuating circumstance, it deems advisable, the Court will trial that such person has an offence but suspension of the determination of punishment or designates the punishment but the suspension of the in friction of punishment and then one is released for giving the time to such person reforming oneself within the period designated by the Court, but it must be not out of five year as from the date of the Court has passed a judgment and it will be designated by the condition for controlling such person's behavior or not.

Regarding the conditions for controlling the behavior of the offender, the Court may determine one or more conditions as follows:

1. To report himself to the official specified by the court from time to time so that the official may make inquiries, give advice, assistance or admonition on the behavior and carrying on occupation, or arrange the activity to be done for the social service or the public benefit, as the official and offender think fit;
2. To be trained or to carry on occupation substantially;
3. To refrain from going into the society or from any behavior which may lead to the commission of the similar offence again;
4. To take the offender to receive the assuagement and cure of the harmfully habit forming drugs, defective body or mind, or the other illness at the place and the period of time as determined by the Court;
5. The other conditions are determined by the Court, as it thinks fit, in order to rectify, resuscitate or protect the offender to be not commit the offence or not having the occasion for committing the offence again.

Regarding the conditions determined by the Court according to the foregoing paragraph, if, afterwards, it appears to the Court from the submission of the offender, the legal representative or guardian of such person, the Public Prosecutor or the official that the circumstances relating to the control of the behavior of the offender have changed, the Court may, if it thinks fit, modify, supplement or revoke any of the conditions, or may determine in addition any of the conditions as mentioned in the foregoing paragraph which is not yet determined.

When it is appeared to the Court itself, or it is appeared from the statement of the Public Prosecutor or the official that the offender does not comply with the conditions as determined by the Court according to Section 56, the offender may be admonished by the Court, or the punishment which is not yet determined by the Court, or the suspended punishment may be inflicted.

Whenever it appears to the Court, or from the statement of the prosecutor or the official that, within the period of time determined by the Court according to Section 56, the sentenced person has committed an offence which is not an offence committed by negligence or a petty offence, and the Court passes judgment inflicting the punishment of imprisonment for such offence, the Court passing judgment in the latter case shall determine the punishment not yet determined in the former case and add it to the punishment in the latter case, or shall add the punishment of the infliction of which has been suspended in the former case to the punishment in the latter case, as the case may be.

But if, within the period of time determined by the Court according to Section 56, such person has not committed an offence as mentioned in the first paragraph, such person shall pass from having the punishment determined or from being inflicted with the punishment in that case, as the case may be.