Translation:Act Amending the Penal Code (No. 9), 2530 BE

by National Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §30: term of confinement imposed instead of fine

Statement of grounds

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Seal of the Royal Command

Act
Amending the Penal Code (No. 9),
2530 BE

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Bhumibol Adulyadej R
Given on the 12th day of August 2530 BE
Being the 42nd year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Penal Code;

Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Act Amending the Penal Code (No. 9), 2530 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The stipulations of section 30 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 3), 2518 BE, shall be repealed and replaced by the following stipulations:

"Section30.In applying confinement instead of a fine, the rate of seventy baht per day shall be observed, and whether the case be of a single count or of several counts, the confinement shall not be applied over a term of one year, save where the court issues a judgment imposing a fine of forty thousand baht or more, in which case the court may order confinement instead of the fine for a period of time longer than one year but not than two years.

In calculating the period of time, the day on which the confinement imposed instead of the fine commences shall be included and shall be counted as one full day, regardless of the number of hours.

In the event that the person fined has been detained before the court issued the judgment, the days of such detention shall be deducted from the amount of the fine at the rate of seventy baht per day, save where he has been adjudged to both imprisonment and fine, in which case if the days of detention also need to be deducted from the time of imprisonment according to section 22, such deduction shall be made first, and whatever remains shall then be deducted from the fine.

When the person fined has incurred confinement instead of the fine until completion of the term, he shall be released on the day following the day of such completion. If money is provided to pay up his fine, he shall be released forthwith."

Countersignatory:
General P. Tinsulanonda
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since the rate of daily confinement imposed instead of fine according to the Penal Code as in force at present is still not suitable for the circumstances of the Country which have changed, in terms of both economy and society, it results in the problem of detention chambers being overcrowded with detainees, which encumbers authorities with the burden of controlling them and consumes a great deal of state budgets in taking care of them. It is appropriate to improve anew the rate of daily confinement imposed in lieu of fine. Therefore, it is necessary to enact this Act.

Bibliography

• "Phra Ratchabanyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Kao) Phoso Song Phan Ha Roi Samsip" [Act Amending the Penal Code (No. 9), 2530 BE]. (1987, 1 September). Ratchakitchanubeksa [Royal Gazette], 104(173A), 13–15. (In Thai).