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Assistance with this translation has been provided by Chaninat and Leeds.  As a law firm in Bangkok, they specialize in litigation, and have experienced divorce and Thailand criminal defense lawyers on staff.


12 January 2010

B.E. 2527

Authorized Official Translation

His Majesty King Bhumibol Adulyadej has been graciously pleased to proclaim that :

Whereas it is deemed appropriate to enact the law governing the procedure for cooperation between states in the execution of penal sentences:

Be it, therefore, enacted an Act by the King by and with the advice and consent of the Parliament, as follows:

SECTION 1. This legislation shall be called “The Procedure for Cooperation between States in the Execution of Penal Sentences” B.E 2527

SECTION 2. This Act shall enter into force on the date after its publication in the Government Gazette.

SECTION 3. All laws, rules, regulations, procedures and other announcements which are specified in this Act or which contravene or conflict with this Act shall be superseded by this Act.

SECTION 4. In this Act:
“The Transferring State” means the country which transfers the prisoner to the Receiving State.
“The Receiving State” means the country to which the prisoner is transferred from the Transferring State.
“Thai prisoner” means an individual holding Thai nationality, regardless whether such individual may hold any other nationality, who issubject to sentence or final court order of punishment and who is now serving such sentence abroad.

“Foreign Prisoner” means an individual not holding Thai nationality who is subject to sentence or final court order of punishment and who is now serving such sentence in the Kingdom.

“Punishment” means imprisonment or confinement and shall also inclusively mean security measures, probation, procedures for juvenile offenders, suspended sentence, suspended confinement and reduction in the length of sentence.

“Committee” means the Committee for Consideration of the Transfer of Prisoners.

“Responsible Officials” means the persons appointed by the Minister to implement this Act.

SECTION 5. The Minister of Defense, the Minister of Foreign Affairs, the Minister of Interior, and the Minister of Justice shall be responsible for the implementation of this Act. The Minister of each Ministry is empowered to appoint responsible officials and to issue Ministerial Regulations for the Purpose of implementing this Act.

Particularly for those provisions which pertain to the respective Ministries.

The Ministerial Regulations shall enter into force upon publication in the Government Gazette.


SECTION 6. The transfer of Thai prisoners in foreign countries to continue to serve their sentences in the Kingdom or the transfer of foreign prisoners in the Kingdom to continue to serve their sentences abroad shall be subject to the following provisions:
(1) The Transferring State and the Receiving State shall enter into a bilateral treaty for cooperation between States in the execution of penal sentences.
(2) The transfer of any prisoner shall take place with the consent of the Transferring State and the Receiving State and of the prisoner who shall be transferred.
(3) The offense which has been committed by the Thai prisoner or by the foreign prisoner must be a criminal offense under the law of the Receiving State.
(4) The prisoner to be transferred shall not be the subject of an outstanding criminal case on other charges or in the process of a retrial of a criminal case in the Transferring State.
(5) The transfer must be either beneficial to or in the best interest of the prisoner to be transferred.
(6) The transfer of any prisoner shall take into account the nature and severity of the crime and the effect of the criminal situation and the morale of the populace in the Transferring State and in the Receiving State.

The provisions of (3) shall not apply in the event that the international treaty executed between the Transferring State and the Receiving State does not stipulate such provisions or the provisions are stated otherwise.

SECTION 7. The various expenses associated with the transfer of prisoners shall be administered in accordance with the applicable Ministerial Regulations.

SECTION 8. The transfer of prisoners under this Act shall not serve to curtail the rights of such prisoners to subsequent pardon, commutation of sentence and reduction of sentence to be granted by the Transferring State after the transfer.

The Committee for Consideration of the Transfer of Prisoners

SECTION 9. There shall be appointed a committee to be called “The Committee for Consideration of the Transfer of Prisoners” consisting of the Permanent Secretary of State for Justice as Chairman of the Committee and the Judge Advocate General, the Chief Justice of the Criminal Court, the Chief Justice of the Central Juvenile Court, the Director-General of the Department of Public Prosecution, the Director- General of Police Department, the Director General of the Corrections Department, and the Director-General of the Treaty and Legal Department shall serve concurrently as member and Assistant Secretary of the Committee.

The Committee shall exercise full authority under this Act:

SECTION 10. Not less than one half of the total membership of the Committee must be present at each meeting to form a quorum.

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