Volume 133Issue 31A
Royal Gazette
7 April 2559
Section4.The following text shall be inserted in the Criminal Code as section 29/1:
“Section29/1.In the event that a person fined fails to pay the fine within the time period under section 29, paragraph 1, the court shall have the power to issue a writ of execution in order to seize property or attach claims over property to satisfy the fine.
The Civil Procedure Code shall apply mutatis mutandis to the execution under paragraph 1, in respect of which the court officers as may be appointed and the public prosecutors shall have the powers and duties to carry the execution out, and the execution officers shall have the powers and duties to seize property or attach claims over property of the person fined and sell them at public auction according to notifications received from the court or from the public prosecutors. However, no state agency shall demand payment of costs or outlays from the persons carrying the execution out.
Detection by a public prosecutor of property of the person fined in order to carry the execution out in accordance with paragraph 2 shall conform to the criteria, procedure, and conditions designated in rules of the Attorney General.
The provisions of this section do not affect the court in giving an order according to section 29, paragraph 1.”
Section5.The text of section 30 of the Criminal Code, which has been amended by the Criminal Code Amendment Act (No 15), 2545 BE, shall be repealed and replaced by the following text:
“Section30.In applying confinement instead of a fine, the rate of five 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 for a period longer than one year, save where the court gives a judgment imposing a fine of two hundred thousand baht or more, in which event the court may order confinement instead of the fine for a period longer than one year but not than two years.
In calculating the time period, the date 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.
In the event that the person fined has been detained before the court gave the judgment, the days of such detention shall be deducted from the amount of the fine at the rate of five hundred baht per day, save where he has been adjudged to both imprisonment and fine, in which event, if the days of detention also need to be deducted from the time of imprisonment according to section 22, such deduction shall be made first, and whatever remains shall then be deducted from the fine.
When the person fined has undergone confinement instead of the fine until completion of the term, he shall be released on the day following the date of such completion. If money is provided to pay up his fine, he shall be released forthwith.”
Section6.The text of paragraph 1 of section 30/1 of the Criminal Code, which has been amended by the Criminal Code Amendment Act (No 15), 2545 BE, shall be repealed and replaced by the following text:
“Section30/1.In the event that a court has given a judgment imposing a fine, the person fined, who is not a juristic person and has no money to pay the fine, may file with the court of first instance adjudging his case a motion for permission to perform a work of social service or work of public interest instead of paying the fine, or if it becomes known to a court at the time of adjudging a case that any of the persons to be fined meets the criteria for performing a work of
