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ResourcesTHAILAND CRIMINAL CODEBook1General Provisions Title I Provisions Applicable to General Offences Chapter 3 Punishments and Measures of Safety Part 2 Safety

General Provisions Title I Provisions Applicable to General Offences Chapter 3 Punishments and Measures of Safety Part 2 Safety

Page: 11

Section: 42 - 48

Section 42.- In calculating the period of restriction, the day of passing judgment by the Court shall count as the day on which restriction begins, but if there is still the punishment of imprisonment or confinement of be undergone by the relegated person, such relegated person shall be imprisoned or confined first, and the day following that on which liberation from imprisonment or confinement takes place shall count as the day on which restriction begins.

Regarding the period of restriction and the liberation of the relegated person, the provisions of Section 21 shall apply mutatis mutandis.

 

Section 43.- To prosecute for restriction shall be made as the exclusive power of Public Prosecutor, and such restriction prosecution may be requested together with the case-prosecution to be empowered to prosecute the restriction or such restriction-prosecution may be made afterwards.

 

Section 44.- Prohibition to enter a specified area is the prohibition to enter a locality or place specified in the judgment.

 

Section 45.- When any person is given judgment inflicting punishment by the Court, and the Court deems expedient to public safety, the Court may, whether there is a request or not, issue the order in that judgment that when such person has passed over the punishment according to the judgment, such person shall be prohibited to enter the specified area for the period not over five years.

 

Section 46.- If it appears to the Court, by the submission of the Public Prosecutor, that any person is likely to cause danger to another person or to the property belonging to another person, or if, in the trial of any case, the Court will not convict the prosecuted person, but there is reason to believe that the prosecuted person is likely to cause danger to another person or to the property belonging to another person, the Court shall have the power to order such person to execute a bond in a sum of money not exceeding five thousand Baht, with or without security, for keeping the peace during such period as determined by the Court, but not exceeding two years.

If such person refuses to execute a bond, or cannot furnish security, the Court shall have the power to order such person to be confined until such person executes the bond or furnishes security, but such person shall not be confined for more than six months, or the Court may give order prohibiting such person to enter a specified area according to Section 45.

The acts of a child not over seventeen years of age shall not be subject to the provisions of this Section.

 

Section 47.- If the person making a bond according to Section 46 breaks such bond, the Court shall be empowered to order the person to pay the money not out of the amount determined in the bond. If such person does not pay, the provisions of Section 29 and Section 30 shall be enforced.

 

Section 48.- If the Court is of opinion that the liberation of any person having a defective mind, mental disease or mental infirmity, who is not punishable, or whose punishment is reduced according to Section 65, will not be safe for the public, the Court may give order to send such person to be put under restraint in an institution of treatment. This order may, however, be revoked at any time by the Court.