Article 118 — Return of bail security
Texte légal (original thaï)
เมื่อคดีถึงที่สุดหรือความรับผิดตามสัญญาประกันหมดไปตามมาตรา ๑๑๖ หรือโดยเหตุอื่น ให้คืนหลักประกันแก่ผู้ที่ควรรับไป
traduction anglaise
When the case becomes final, or the liability under the bail bond is extinguished under Section 116 or by another cause, the security shall be returned to the person entitled to receive it.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 118 closes the bail cycle by requiring the security to be returned once it has served its purpose. Return is triggered when the case becomes final, when liability ends under Section 116 (surrender of the accused or defendant), or by any other cause that extinguishes liability, such as the defendant's death. The Supreme Court has both applied and confined this section: security is returned when the bail liability is truly discharged, but not where the state still has a live right to enforce a forfeiture against the surety. It also treats disputes over returning the security as part of the criminal proceedings. Read with Sections 116 and 119, this section marks the point at which the surety's property is freed.
Pourquoi cela est important en pratique
If you posted cash or a title deed as bail security, this section is your basis for getting it back once the case is over or your liability has otherwise ended. But note the limit the courts have drawn: if you defaulted and the state can still enforce a forfeiture against you, there is no return until that is resolved. Even a withdrawal of the complaint in a compoundable case does not automatically discharge a surety. To recover security or resolve a forfeiture dispute, seek advice: /book-consultation/.
Décisions de la Cour suprême interprétant cette section
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Supreme Court Judgment No. 3478/2564 (2021)
Where a defendant who was also the surety dies during the proceedings and the case against that defendant is severed and disposed of, the bail contract ends and the court must return the security under Section 118; a dispute over who is entitled to that returned security is part of the criminal proceedings.
After the fourth defendant, who had also provided the security, died and the case against him was disposed of, the bail contract ended. The Supreme Court held the security must be returned under Section 118, and the contest between the estate administrator and a claimed heir over it was part of the criminal case.
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Supreme Court Judgment No. 703/2537 (1994)
Where a surety guaranteed the appearance of a suspect at the inquiry stage, the later withdrawal of the complaint in a compoundable offence does not by itself discharge the surety's liability under the bail contract, so it is not a cause requiring return of the security under Section 118.
The surety argued that withdrawal of the complaint in a compoundable case ended his obligation and required return of the security. The Supreme Court disagreed, holding the surety remained liable under the bail contract despite the withdrawal.
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Supreme Court Judgment No. 10072/2558 (2015)
Where the state still has the right to enforce a forfeited bail contract against the sureties, there is no cause to return the security to them under Section 118; the return of security applies only where the bail liability has genuinely been discharged.
The Supreme Court reversed a lower-court order returning the security, holding that because the state could still enforce the forfeiture against the sureties, there was no ground under Section 118 to return it.
Décisions sélectionnées avec numéros de dossier vérifiés dans la base de données de la Cour suprême. Les versions anglaises sont des traductions éditoriales réalisées par le cabinet à des fins d'étude.
Foire aux questions
When is bail security returned in Thailand?
Under Section 118 the security is returned to the person entitled to it when the case becomes final, or when the surety's liability ends under Section 116 or by another cause such as the defendant's death.
Can the court keep the security if the surety defaulted?
Yes. The Supreme Court has held that where the state still has a live right to enforce a forfeiture against the surety, there is no ground to return the security under Section 118 until that enforcement is resolved.