12 January 2010
LEGISLATION
PROCEDURE FOR COOPERATION BETWEEN STATES
IN THE EXECUTION OF PENAL SENTENCES
B.E. 2527
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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conflict with this Act shall be superseded by this Act.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.
CHAPTER 1
General
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.
CHAPTER 2
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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