Volume 120, Issue 4A
Royal Gazette
8 January 2546
Section4.The following stipulations shall be inserted in the Penal Code as paragraph 3 of section 24:
"If it becomes known to the court that confining a person sentenced to confinement in the place of confinement according to paragraph 1 or paragraph 2 may cause harm to such person or may cause excessive trouble to a person who needs to depend upon him for livelihood, or there are other special circumstances indicating that confining him in the said place is inappropriate, the court may order him to be confined in a place other than his own residence, with the consent of the owner or possessor of the place. In such event, the court shall have the power to designate any conditions to be performed by the person sentenced to confinement, and the court may, with the consent of the owner or possessor of the place, order appointing such person as overseer and the person appointed shall be deemed to be an officer under this Code."
Section5.The stipulations of section 27 of the Penal Code shall be repealed and replaced by the following stipulations:
"Section27.If, during the time a person sentenced to confinement according to section 23 is being confined, it becomes known to the court proprio motu or from a statement of a public prosecutor or the overseer of the place of confinement that—
(1)the person sentenced to confinement contravenes a rule, regulation, or discipline of the place of confinement;
(2)the person sentenced to confinement fails to comply with a condition designated by the court; or
(3)the person sentenced to confinement has been adjudged to imprisonment;
the court may change his confinement to imprisonment for a term which the court finds appropriate, but which must not be over the term of confinement the person sentenced to confinement needs to undergo further."
Section6.The stipulations of section 30 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 9), 2530 BE, shall be repealed and replaced by the following stipulations:
"Section30.In applying confinement instead of a fine, the rate of two hundred baht per day shall be observed, and whether the case be of a single count or of several counts, the confinement shall not be applied over a term of one year, save where the court issues a judgment imposing a fine of eighty thousand baht or more, in which case the court may order confinement instead of the fine for a period of time longer than one year but not than two years.
In calculating the period of time, the day on which the confinement imposed instead of the fine commences shall be included and shall be counted as one full day, regardless of the number of hours.
