If the chairman of the Committee is absent from the meeting or is unable to perform his duty as chairman of the meeting, the meeting shall then elect any one member of the Committee presenting to assume the chair at the meeting.

SECTION 11. The Committee shall be empowered to appoint subcommittees to carry out such functions as shall be assigned by the Committee.

The provisions of section 10 shall apply to the meeting of the subcommittees.

CHAPTER 3
The Transfer of Thai Prisoners

SECTION 12. A Thai prisoner who desires to be transferred to continue his sentence in the Kingdom shall be required to submit a petition, together with supporting documents as prescribed by the Committee, to the responsible official at the Royal Thai Embassy or Royal Thai Consulate having jurisdiction in the Transferring State or to the responsible official at the Ministry of Foreign Affairs as circumstances dictate.

SECTION 13. If the Thai prisoner is unable to submit the petition by himself or if the prisoner is a minor or youth under the jurisdiction of the Juvenile Court, then the spouse or relative or other interested party shall be empowered to submit the petition on behalf of the Thai Prisoner, in accordance with the provisions of Section 12.

SECTION 14. If the prisoner is unable to prepare the documents necessary to support a petition pursuant to Section 12 or Section 13, then the responsible official shall be authorized to prepare the documents on behalf of the prisoner.

SECTION 15. Upon the complete receipt of the petition with all supporting documents, the responsible official shall forward the petition and supporting documents to the Secretary of the Committee for submission to the Committee for consideration.

The Committee shall consider the petition and issue an order approving or disapproving the transfer of the Thai prisoner without delay and such order shall be made known to the petitioner through the Ministry of Foreign Affairs. Should the Committee disapprove the petition for noncompliance with the provisions of this Act, the Committee shall provide the reasons for such disapproval.

The order of the Committee shall be final.

SECTION 16. In the event the Committee has approved a petition for the transfer of a Thai prisoner, the Committee shall forward the case for action to the Ministry of Foreign Affairs to seek an approval for the transfer of the Thai prisoner from the Transferring State. When the Transferring State has informed the Ministry of Foreign Affairs of its decision, the Ministry of Foreign Affairs shall forward the decision to the Committee and the petitioner without delay.

SECTION 17. When the Committee receives notification from the Ministry of Foreign Affairs that the Transferring State has approved the petition for transfer of a Thai prisoner from the Transferring State, pursuant to Section 16, the Committee shall arrange for the transfer of the Thai prisoner without delay.

Upon arrival of a Thai prisoner in the Kingdom if a court of the Transferring State has imposed a sentence of incarceration or detention, the responsible officials shall issue a written order for the detention of the Thai prisoner at a facility provided for under the applicable laws.

If the Thai prisoner is subject to security controls, probation, the procedures for juveniles, or suspended sentence or confinement, the procedures provided for in the applicable laws currently in force in the Kingdom shall be applied as appropriate in each case.

SECTION 18. For purposes of the transfer of Thai prisoners to continue their sentences in the Kingdom under this Act, it shall be considered that the judgement or order of the Court of the Transferring State is the judgment or order of the Court having jurisdiction in the Kingdom.

An appeal to the Appeals Court, an appeal to the Supreme Court, or a request for retrial of a criminal case in the court having jurisdiction in the Kingdom for reconsideration of the judgment or an order of the Court pursuant to paragraph one shall not be permitted.

SECTION 19. When agreement to transfer the Thai prisoner has been reached, the Committee shall avail itself of the supporting documents concerning the sentence officially certified by the Transferring State, as a basis for consideration. If it appears that the sentence imposed by the judgment or order of the Court of the Transferring State is compatible with the sentence prescribed by the law currently in force in the Kingdom, then the Committee shall issue a written order to the prison officer or the responsible officials authorized to carry out procedures for security
controls, probation, the procedures for juveniles, suspended sentence, and suspended detention as appropriate to fulfill the requirements of the applicable law.

In the event it appears that the sentence imposed or the conditions for serving sentence under the law of the Transferring State are not compatible with the sentence or conditions of punishment as prescribed by the law currently in force in the Kingdom, the Committee shall forward the case to the Public Prosecutor for submission of a petition to the Criminal Court or to the central Juvenile Court for consideration of an adjustment to the sentence or conditions of sentence to have them common to the law currently in force in the Kingdom. For this purpose, the adjusted sentence or conditions of punishment shall not be more severe than the sentence or conditions of punishment imposed on the Thai prisoner in the Transferring State.

In the event that it appears that the offense for which the Thai prisoner has been sentenced according to the judgment or order of the Court of the Transferring State is not a chargeable offense under the laws currently in force in the Kingdom, the fact that the Thai prisoner has been sentenced by such judgment or order shall be considered the basis on which the Court is empowered to order security controls. The Court shall adjust the judgment or the order to apply such security controls as the Court shall deem appropriate but the security controls shall not be more severe than the sentence or conditions of sentence that the Thai prisoner would receive in the Transferring State. For this purpose, the provisions of paragraph two shall apply matandis.

The order of the Criminal Court or the Central Juvenile court shall be final.

SECTION 20. It shall be considered that a Thai prisoner who has been transferred to continue a sentence in the Kingdom is a prisoner subject to final sentence or is a prisoner subject to security controls, probation, provisions for juveniles, suspended sentence, or suspended detention according to the applicable laws currently in force in the Kingdom.

SECTION 21. Pardon; amnesty, commutation of sentence, reduction of sentence, suspension of sentence, suspension of detention, and reduction of the length of sentence for the Thai prisoner who continues a sentence in the Kingdom shall be subject to the law currently in force in the Kingdom, except as stipulated otherwise by treaty in which case the provisions of the treaty shall pertain.

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