Thailand Law Library

by Thailand Lawyer

Chapter 3: Punishments and Measures of Safety

Punishments for inflicting upon the offenders are as follows:

1. Death;
2. Imprisonment;
3. Confinement;
4. Fine;
5. Forfeiture of property.

The capital punishment and life imprisonment shall be not enforced to offender less than eighteen years of age.

In case of offender less than eighteen years of age has committed the offence to be punished with death or imprisoned for life, the punishment, as aforesaid, shall be deemed as commuted as imprisoned for fifty years.

Whoever, punished with death, shall be proceeded by spraying an injection or toxin to be death.

The rule and procedure of execution shall go according to regulation designated by Ministry of Justice by its publication in the Government Gazette.

All the offences as determined by the laws to be punished by both imprisonment and fine, if the Court deeming advisable will inflict the punishment of imprisonment only.

In calculating the period of imprisonment, a day begun in imprisonment shall be included also and shall be counted for a whole day, irrespective of the number of hours.

If the period for calculation is determined in months, a month shall count for thirty days, and, if determined in years, it shall be calculated according to the official calendar.

Liberation shall take place on the day following that on which the period of imprisonment terminates.

The punishment of imprisonment shall begin in the day on which the judgment is passed.

But, if the sentenced person is kept in custody prior to the judgment of the Court, the number of days in custody shall be deducted from the period of imprisonment according to the judgment, unless the judgment provides otherwise.

In case of the judgment provides otherwise, the punishment of imprisonment according to the judgment, when added by the number of days in custody prior to the judgment of the Court in such case, shall not exceed the maximum rate of punishment as provided by the law for the committed offence. This shall not, however, affect the provisions of Section 91.

Any person commits an offence punishable to be imprisoned, and in such case, the Court will inflict the punishment of imprisonment not exceed three months, if it does not appear that such person has received the punishment of imprisonment previously, or if it appears that such person has received the punishment of imprisonment previously but it is the punishment from the offence committed by negligence, or by a petty offence, the Court may inflict the punishment of confinement not out of three months on behalf of such punishment of imprisonment.

Whoever to be under the detention shall be interned in the place for detaining designated by non-goal, police station, or the place superintending the inquiry official's alleged offender.

The Court may, if it thinks fit, order in the judgment to confine the offender in his own dwelling place or in the dwelling place of another person who consents to accept him, or in any other place where he may be confined so as to be suitable to his kind or condition. If it appears to the Court that the confinement of the detained person in the place to confine according to paragraph 1 or paragraph 2 may cause a danger to such person or make the person depending or him for subsistence excessive trouble or there is other exceptional circumstance shows that it is not advisable to detain the detained person in the place as aforesaid, the Court will issue an order to detain the detained person in other place but not such person's dwelling-house with consent of owner or occupier of the premises. In such case, the Court is empowered to designate any condition to detained any the condition to the detained person to practice, and if the owner or occupier of the premise as aforesaid consents, the Court may issue an order to appoint such person as controller and it shall be deemed that the appointed person is the government official according to this Code.

A person inflicted with the punishment of confinement in a determined place shall receive maintenance from such place. But, subject to the regulations of the place, he is entitled to obtain food from outside at his own expense, to use his own clothes, to receive visitors for at least one hour in a day and to receive and send letters.

A person inflicted with the punishment of confinement must work according to the rules, regulations and discipline. If he desires to do other work, he shall be permitted to select according to the category of work that he is willing to do, provided that it is not contrary to the rules, regulations, discipline or safety of such place.

If the person punished by the confinement is confined in own dwelling place or in the dwelling place of the other person consenting to accept such person, such confined person is entitled to carry on own profession or occupation in the aforesaid place. For this purpose, the Court may determine the conditions to the confined person to do anything or not, as the Court deems expedient.

If doing the detained person under Section 23 has been detained, it appears to the Court itself or it appears to the Court according to the statement of Public Prosecutor or occupier of the premise for detention that:

1. The detained person in violation of rule, regulation or discipline of the place for detention;
2. The detained person in non-fulfillment of the conditions designated by the Court;
3. The detained person to be adjudged to inflict the imprisonment.

The Court may change the detention into imprisonment with the terms designated as the Court deems expedient, but it must be not out of the time designated by detention which the detained person must receive thenceforward.