Page:พรบ แก้ไขเพิ่มเติม ปอ (๑๕) ๒๕๔๖.pdf/4

This page has been proofread, but needs to be validated.

Volume 120, Issue 4A
Page 4
Royal Gazette

8 January 2546

For the purpose of designating the number of hours of working according to paragraph 3, the President of the Supreme Court of Justice shall have the power to issue rules for the judicial service of the courts of justice governing the designation of the number of hours considered to be one day of work for each type of work of social service or work of public interest as he finds appropriate.

Section30/2.If, after the court has issued an order of permission according to section 30/1, it becomes known to the court proprio motu or from a statement of the prosecuting party or an officer that the person fined had sufficient money to pay the fine at the time of filing the petition under section 30/1 or he contravenes or fails to comply with the order or conditions designated by the court, the court may revoke the said order of permission and have him fined or undergo confinement instead of the fine, provided that the days on which the work has already been performed shall be deducted from the amount of the fine.

During the performance of a work of social service or work of public interest instead of [paying] a fine, if the person fined does not wish to perform the said work any further, he may apply for changing [from performing the work] to undergoing the fine or confinement instead of [paying] the fine. In this event, the court shall give an order of permission in accordance with the petition, provided that the days on which the work has already been performed shall be deducted from the amount of the fine.

Section30/3.The order of the court according to section 30/1 and section 30/2 shall be final."

Section8.The stipulations of paragraph 1 of section 56 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section56.Whoever committed an offence carrying imprisonment and, in the case thereof, will be imposed by the court with imprisonment of not over three years, may, if he does not appear to have been imprisoned before or he appears to have been imprisoned before but the punishment was for a negligent offence or petty offence and the court finds it appropriate after taking into consideration his age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment, or the nature of his offence, or other causes for which mercy should be given, be adjudged guilty by the court and enjoy suspension of the designation of the punishment or incur designation of the punishment but enjoy suspension of the imposition of the punishment and be released, in order that he be given an opportunity to reform himself within a period of time to be designated by the court but not over five years counted from the day the court issues the judgment, in respect of which the court may also designate conditions for supervision of his behaviour."

Countersignatory:
Police Lieutenant Colonel Thaksin Shinawatra
Prime Minister