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CNResourcesTHAILAND CRIMINAL CODEBook1General Provisions Title I Provisions Applicable to General Offences Chapter 2 Application of Criminal Laws 4

General Provisions Title I Provisions Applicable to General Offences Chapter 2 Application of Criminal Laws 4

Page: 5

Section: 12 - 17

Section 12.- The measures of safety are applicable to any person only when there are provisions of law for their application, and the law to be applied shall be the law in force at the time when the Court passes judgment.

 

Section 13.- If the provisions of the law as prescribed afterwards, any measure of safety has been repealed, and any person is still subjected such measure safety, the Court shall give the order repressing the application of such measure of safety when the file of a case appears to the Court, or when such person, legal representative of such person or guardian of such person or the Public Prosecutor makes the request.

 

Section 14.- In case of any person is subject to any measure of safety, and the provisions of the law as provided afterwards modify the conditions for the application of such measure of safety with the result that it may not be applicable to the case of such person, or that it may be applicable, but the application of such measure of safety according to the provisions of the law as provided afterwards is more favourable to such person, the Court shall have the power to give order, as it thinks fit, when it appears to the Court from the file of the case, or when such person, the legal representative or guardian of such person, or the Public Prosecutor makes a request to the Court to revoke the application of such measure of safety, or makes a request to take the consequence according to the provisions of such law, as the case may be.

 

Section 15.- Whenever, according to the provisions of the law as provided afterwards, any punishment has been changed to be a measure of safety, and there is a judgment inflicting such punishment on any person, it shall be deemed that the inflicted punishment is also a measure of safety.

In the case mentioned in the first paragraph, if the punishment is not yet inflicted upon such person, or such person is still undergoing the punishment, the measure of safety shall be applied to such person further. If, according to the provisions of the law as provided afterwards, there is any condition for giving order for the application of the measure of safety which may not be applicable to such person, or may be applicable but the application of the measure of safety according to the provisions of the law as provided afterwards is more favourable to such person, the Court shall have the power to give order, as it thinks fit, when it appears to the Court from the file of the case, or when such person, the legal representative or guardian of such person, or the Public Prosecutor makes a request to the Court to revoke the application of the measure of safety, or makes a request to take the consequence according to the provisions of such law, as the case may be.

 

Section 16.- Whenever the Court gives judgment to apply a measure of safety to any person, if it appears afterwards to the Court from the submission of such person himself, the legal representative or guardian of such person, or the Public Prosecutor that the circumstances concerning the application have changed from formerly. The Court may revoke or suspend temporarily the application of the measure of safety to such person, as it thinks fit.

 

Section 17.- The provisions in Book 1 of this Code shall be applied in the case of offence according to the other laws also, provided that such laws will have been prescribed otherwise.