Thailand Law Library

by Thailand Lawyer

Chapter 9: Prescription

In a criminal case, if the offender is not prosecuted and brought to the Court within the following specified periods of time as from the date of the commission of the offence, the prosecution shall he precluded by prescription:

1. Twenty years in case of offences punishable with death, imprisonment for life or imprisonment of twenty years;
2. Fifteen years in case of offences punishable with imprisonment of over seven years but not up to twenty years;
3. Ten years in case of offences punishable with imprisonment of over one year up to seven years;
4. Five years in case of offences punishable with imprisonment of over one month up to one year;
5. One year in the case of offences punishable with imprisonment of one month downwards or other punishment.

If the offender has been prosecuted and brought to the Court, but the offender escapes, or is insane, and the Court gives order suspending the trial till the specified period has expired reckoning from the date of escape, or the date of giving order suspending the trial, it shall be deemed that prosecution be likewise precluded by prescription.

Subject to Section 95, in case of compoundable offence, if the injured person does not lodge a complaint within three months as from the date of offence and offender to be known by the injured person, the criminal prosecution is precluded by prescription.

In a prosecution for Restriction, if it is to be made after the prosecution of the case which is the basis giving rise to the power of prosecution for Restriction, it must be made within six months reckoning from the day of prosecution of such case, otherwise it shall be precluded by prescription.

If any person, convicted by the final judgment, has not yet undergone the punishment, or has not completely undergone the punishment on account of having made an escape, and such person is not brought to undergo the punishment till the following periods of time reckoning from the day of the final judgment, or the day on which the offender has made the escape, as the case may be, the execution of punishment shall be precluded by prescription, and the punishment shall not be inflicted upon such person:

1. After twenty years in case of a sentence to death, to imprisonment for life or to imprisonment of twenty years;
2. After fifteen years in case of a sentence to imprisonment of over seven years but not up to twenty years;
3. After ten years in case of a sentence to imprisonment of over one year up to seven years;
4. After five years in case of a sentence to imprisonment of one year downwards or any other punishment.

If the seizure of property or paying the fine or confinement in lieu of fine has been made within five years as from the date of final judgment, neither seizure of property nor confinement shall be not be made.

The provisions of the first paragraph shall not be enforced to the case of confinement in lieu of fine as made continuously with the infliction of imprisonment.

If any person relegated by the final judgment has not under-gone Restriction, or has not completely undergone Restriction on account of having made an escape, and the period of three years has expired reckoning from the day of passing the punishment by having undergone the punishment according to the judgment or by having the execution of punishment precluded by prescription, or from the day when such person made an escape during the time of Restriction, the Restriction shall be precluded, and such person shall not be relegated.

If the execution of the order of the Court according to Section 46, or the request to the Court to make an order for payment of money when the person executing the bond breaks the bond according to Section 47 is not made within two years reckoning from the day when the Court gave the order, or from the day when the person executing the bond broke the bond, the execution or request shall not be made.