SECTION 22. In continuing the sentence in the Kingdom, the Thai prisoner being transferred shall benefit from the following:
(1) The reduction in the length of the sentence imposed on the Thai prisoner according to the law of the Transferring State until the date of transfer of the prisoner.
(2) Pardon, commutation of sentence and reduction of the length of sentence granted by the Transferring State, particularly as such applies to the Thai prisoner.
(3) The subsequent enactment of a law of the Transferring State which stipulates that the offense committed by the Thai prisoner for which he was sentenced is no longer an offense or which includes provisions beneficial to the Thai prisoner.
(4) The amendment, revision or revocation of the judgment or order of the Court of the Transferring State.
(5) The reduction of the length of sentence from the date of transfer of the Thai prisoner to the date the Thai prisoner has recommenced the sentence in the Kingdom.
When the provisions of paragraph one become known to the Committee or when the Thai prisoner or authorized person submitting the petition pursuant to Section 13 has so requested, the Committee shall be empowered to order that the Thai prisoner receives the appropriate benefit.

The order of the Committee shall be final.

CHAPTER 4
The Transfer of Foreign Prisoners

SECTION 23. The petition for the transfer of foreign prisoners to serve their sentence in the Receiving State shall be submitted by the Receiving State through diplomatic channels to the responsible officials of the Ministry of Foreign Affairs in accordance with the procedures and in the documentary format specified by the Committee.

SECTION 24. When the petition has been received completely with all prescribed documents, the responsible officials shall forward the petition and aforementioned documents to the Secretary of the Committee for
submission to the Committee for consideration.

SECTION 25. The transfer of foreign prisoners shall not take place under any of the following circumstances:

(1) When the sentence received by the foreign prisoner, whether in whole or in part, involves an offense against the person of the Monarch, the Queen, or the Monarch’s son or daughter, an offense against national security from within the Kingdom; an offense against national security from outside the Kingdom; or an offense against the laws governing national art treasures.
(2) (a) A foreign prisoner who has served a prison sentence in the Kingdom less than one third of the total sentence imposed or ordered or less than four years, whichever period is less.
(b) A foreign prisoner who has served a prison sentence in the Kingdom less than eight years for charges of production, distribution, import for distribution or possession for distribution of narcotics, as proscribed by the Narcotics Act, and the sentence imposed to him is life imprisonment.

SECTION 26. The Committee may disapprove the transfer of a foreign prisoner when it appears that the transfer would threaten the national security or stability of the Kingdom or domestic civil order.

SECTION 27. In any case in which a foreign prisoner is require to pay a fine, make restitution of property, or pay compensation for the cost of damages according to a Court’s judgment in a criminal case or according to the order of a competent authority, then the foreign prisoner shall be required to make full payment of the fine, restitution of the property, or compensation for the damages before the Committee shall issue the order approving the transfer.

SECTION 28. The Committee shall issue an order approving or disapproving the transfer of a foreign prisoner and the Receiving State shall be informed of the order through the Ministry of Foreign Affairs.

The order of the Committee shall be final and the approval order of the Committee shall be considered as the authorization for the transfer of a foreign prisoner to the Receiving State.

CHAPTER 5
Procedures for the Receipt and Delivery of Prisoners

SECTION 29. The receipt and delivery of the Thai and foreign prisoners to be transferred shall be conducted through diplomatic channels according to the procedures prescribed by the Committee.

SECTION 30. When a Thai prisoner has been received in the Transferring State, the responsible official shall arrange for the Thai prisoner to travel from the Transferring State to the Kingdom without delay and except in the case of extraordinary circumstances, within not more than three days from the date of receipt. Upon arrival in the Kingdom, the Thai prisoner shall recommence the sentence immediately.

SECTION 31. When a foreign prisoner has been delivered, the foreign prisoner must depart the Kingdom within 24 hours from the time the delivery of the prisoner is competed, except that the Committee or a party authorized by the Committee may extend this period as necessary.

CHAPTER 6
Penalty clause

SECTION 32. Any Thai prisoner who shall escape from custody in the course of travel from the Transferring State to the Kingdom or any foreign prisoner who shall escape in the course of travel out of the Kingdom shall be punishable by not more than five years imprisonment or fine of not more than fifty thousand baht.

If the offense cited in paragraph one has been committed by force or threat of force; or has involved three or more accomplices, the offender shall be punishable by not more than seven years imprisonment or fine of not more than seventy thousand baht or both imprisonment and fine.

If an offense under this Section has been committed by the possession of or with the use of weapons or explosives, the offender shall be punishable by a penalty more severe by half than that prescribed in the preceding two paragraphs.

SECTION 33. Any Thai prisoner who shall resist or fail to comply with the arrangements made by the responsible official pursuant to Section 17 or Section 30 or any foreign prisoner who shall resist or fail to comply with the provisions of Section 31 shall be punishable by not more than one year imprisonment or fine of not more than ten thousand baht.

SECTION 34. With respect to a Thai prisoner, an offense against Section 32 or Section 33, albeit committed outside the Kingdom, shall be considered an offense committed within the Kingdom.

SECTION 35. The Committee shall be empowered to settle an offense under Section 33 and for this purpose the Committee shall be empowered to authorize responsible officials or investigators to settle the offense, by prescribing to the authorized officials the criteria and provisions and provisions of settlement, as appropriate.

When the offender has paid a fine prescribed by the settlement, the case shall be considered closed in accordance with the Criminal Procedures Code and the transfer of the prisoner shall proceed accordingly.

If the offender does not pay the fine prescribed by the settlement, the Committee or the authorized official shall deliver the offender to the investigators for further legal proceedings.

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