Thailand Law Library

by Thailand Lawyer

Chapter 3: Punishments and Measures of Safety

Any person has inflicted with the punishment of fine, such person must pay the money-month as determined by the judgment to the Court.

If any person inflicted with the punishment of fine fails to pay the fine within thirty days as from the day on which the Court has passed judgment, the property of such person shall be seized to pay for the fine, or else such person shall be confined in lieu of fine. But, if the Court has reasonable cause to suspect that such person is likely to evade the payment of the fine, the Court may order such person to find security, or may order such person to be confined in lieu of fine in the near time.

The provisions in the second paragraph of Section 24 shall not apply to the confinement in lieu of fine.

In case of the detention on lieu of fine, it shall be taken hold of rate of two hundred Baht per one day, and irrespective of whether one offence or several offences, it is prohibited the detention in excess of one year period unless in case of the Court gives a judgment on fine as from eighty thousand Baht upwards, the Court will issue an order to detain on behalf of fine as the period of time in excess of one year but not out of two years.

In calculation of period of the time the date beginning detention on behalf of fine shall be calculated together, and the full day shall be calculated without into consideration of hour amount.

In case of the fined person to be detained before the Court's trial, the day amount when one person to be detained shall be deducted from the fined money amount which is deemed the rate of two hundred Baht per one day, unless such person is adjudged and inflicted both imprisonment and fine. In such ease, if the day amount, when one person to be detained, must be deducted from the time, when one person imprisoned, under Section 22, it shall be deducted before, the rest amount is deducted from fine.

When the fined person has been detained on behalf of fine to be due, that person shall be released on the date following the date terminated, if the fine has been paid plenary, one shall be released without delay.

In case of the Court passes a judgment of a fine not more than eighty thousand baht, the fined person who is not juristic person, may make a request to the Court of First Instance to do community service or other public services in lieu of a fine.

For deliberating such a request, if the Court has considered the financial status, past record, nature of the offense of the person imposed with the punishment of fine, if the Court thinks it is appropriate, may order such person to do community service or public benefit in lieu of a fine under supervision of the probation officers, government officer, or the organization with the objectives of community service or public benefit service.

In case of the Court issuing an order to the fined person to perform Social Service or public benefit on lieu of the fine, the Court shall designate the nature or kind of work, person taking care of work, date beginning work, period of work and hour amount deemed as one day work, but all these, by taking into consideration of sex, age, past record, religion, behavior, intelligence, education, health, mind-condition, temperament, occupation, envelopment or the fined person's offence-condition together, and Court will designate any condition to the fined person to perform for amending, renewing or protecting such person from committing offence again.

If after that, it appears to the Court that the circumstance in respect of Social Service work or Public Interest Work of the fined person changed, the Court will change an order designated as deemed advisable.

In determination of period of the hour time on behalf of the fine according to paragraph 3, the provision of Section 30 shall be enforced mutatis mutandis and in case of the Court does not designate the fined person to work thenceforward, the said work must be within the period of two years as from the date beginning work designated by the Court.

On behalf of determination of hour time according to paragraph 3, President of the Supreme Court shall be empowered in issuing a judiciary government rule of Court of Justice determining an hour amount deemed as one clay-work for Social Service or Public Interest each kind as deemed advisable.

If afterwards, the Court issues an order granting the permission under Section 30/1, it appears to the Court itself or according to prosecutor or official's statement that the fined person has enough money to pay the fine, in the time to file a petition under Section 30/1 or violates or not to perform according to an order or a condition designated by the Court, the Court will revoke an order premising as aforesaid and fine or detain on behalf of the fine by deducting work day amount from fined money amount.

In the period of Social Service or Public Interest on behalf of the fine, if the fined person does not desire to the said word thenceforward, it may be changed as the fine or detention on behalf of the fine. In this case, the Court shall issue an order premising according to petition by deducting a workday amount from the fined money amount.

The Court's order under Section 30/1 and Section 30/2 shall come into an end.