Thailand Law Library

by Thailand Lawyer

Chapter 3: Punishments and Measures of Safety

Prohibition to enter a specified area is the prohibition to enter a locality or place specified in the judgment.

When any person is given judgment inflicting punishment by the Court, and the Court deems expedient to public safety, the Court may, whether there is a request or not, issue the order in that judgment that when such person has passed over the punishment according to the judgment, such person shall be prohibited to enter the specified area for the period not out of five years.

If it appears to the Court, by the submission of the Public Prosecutor, that any person is likely to cause danger to another person or to the property belonging to another person, or if, in the trial of any case, the Court will not convict the prosecuted person, but there is reason to believe that the prosecuted person is likely to cause danger to another person or to the property belonging to another person, the Court shall have the power to order such person to execute a bond in a sum of money not exceeding five thousand Baht, with or without security, for keeping the peace during such period as determined by the Court, but not exceeding two years.

If such person refuses to execute a bond, or cannot furnish security, the Court shall have the power to order such person to be confined until such person executes the bond or furnishes security, but such person shall not be confined for more than six months, or the Court may give order prohibiting such person to enter a specified area according to Section 45.

The acts of a child not over seventeen years of age shall not be subject to the provisions of this Section.

If the person making a bond according to Section 46 breaks such bond, the Court shall be empowered to order the person to pay the money not out of the amount determined in the bond. If such person does not pay, the provisions of Section 29 and Section 30 shall be enforced.

If the Court is of opinion that the liberation of any person having a defective mind, mental disease or mental infirmity, who is not punishable, or whose punishment is reduced according to Section 65, will not be safe for the public, the Court may give order to send such person to be put under restraint in an institution of treatment. This order may, however, be revoked at any time by the Court.

In case of the Court passes the judgment inflicting the punishment of imprisonment on any person, or passes judgment that any person is guilty, but the determination of punishment or the infliction of punishment is suspended, the Court may, if it is of opinion that such person has committed the offence owing to habitual drunkenness or harmful habit forming drug addiction, determine in the judgment that such person shall not take liquor or harmful habit forming drug, or both of them within a period not exceeding two years as from the day of passing over the punishment, or the day of liberation on account of the suspension of the determination of punishment or the infliction of punishment.

In case of the person mentioned in the first paragraph fails to comply with what is determined by the Court, the Court may give order to send such person to be put under restraint in an institution of treatment for a period of not exceeding two years.

When any person is given judgment inflicting punishment by the Court, and if the Court deems that the offence committed by such person taking the opportunity of carrying on own occupation or profession, and deems that such offence will be committed again by such person if such person carries on own occupation or profession further, the Court may issue an order in the judgment prohibiting such person to carry on own occupation or profession for a period not out of five years as from the date of passing over the punishment.