Thailand Criminal Procedure Code Sections 245-251

PART  6

ENFORTMENT OF JUDGMENTS

AND COSTD

Chapter 1

Enforcement of Judgments

Section 245 Subject to Sections 246, 247 and 248, when the case is final to enforce the case without delay.

The Court of First Instance has the duty to submit the case file for the death penalty, or life imprisonment to the Appeal Court when there is no appeal of that judgment and such a judgment will not yet be final, unless the Appeal Court has upheld the decision.

Section 246 When the defendant, husband, wife, relatives of the defendant, public prosecutor prison commander or the official who has the duty to deal with the imprisonment warrant requests or when the court deems appropriate The court has the power to order a stay of imprisonment until the mitigating reasons have disappeared. In the following cases:

(1) When the defendant is insane;

(2) When it is feared that the defendant’s life will be in danger if he is imprisoned;

(3) If the defendant is pregnant;

(4) If the defendant has given birth for less than three years and the defendant must raise that child.

During the stay of the enforced stay, the court may order that such person be kept under control in an appropriate place other than a prison or a place specified in the warrant of imprisonment and the court shall designate the official who is responsible for executing the warrant to be the person who has the duty and responsibility to carry out the order.

The characteristics of appropriate places under paragraph two shall be as prescribed in the Ministerial Regulations. This must determine control and treatment methods that are appropriate to the defendant’s condition and measures to prevent escape or damage that may occur as well.

When the court has issued an order under paragraph one if later the defendant does not comply with the methods or measures according to paragraph three or the circumstances have changed. The court has the power to change the order or carry out the imprisonment warrant.

The number of days the defendant is in custody under this section shall be deducted from the period of imprisonment according to the judgment.

Section 247 In cases in which the defendant is sentenced to death, the judgment cannot be enforced until the provisions of this Code regarding pardon have been complied with.

Any woman who has got death penalty. If you are pregnant wait until three years have elapsed since the date of giving birth. Let the death penalty be reduced to life imprisonment. Except when the child dies before the said period has elapsed. During the three years since giving birth the woman shall raise her children as appropriate in a place suitable for raising them within the prison.

Execution shall be carried out in the district and at a time when the officials therein deem appropriate.

Section 248 If a person sentenced to death is insane before being executed, The execution must be postponed until the person has recovered while the execution was postponed The court has the power to invoke section 46, paragraph (2) of the criminal law, to enforce.

If the insane person recovers after one year from the date of final judgment, the death penalty shall be reduced to life imprisonment.

Section 249 Judgment or order to return or use the value of property that compensation or fee The provisions of the Civil Procedure Code shall be enforced.

Section 250 If the judgment does not specify otherwise All persons who have been sentenced and punished for committing the same offence. Must be jointly and differently liable for the return or use of the property price or compensation.

Section 251 If property must be seized at the same time to pay court fees Property price adjustment or compensation But the defendant’s assets are not sufficient to cover everything, the net amount of those assets shall be used in the following order.

(1) Fees

(2) The price of property or compensation.

(3) Fines.

Thailand Attorneys