Article 68 — Duration and lapse of an arrest warrant
Texte légal (original thaï)
หมายจับคงใช้ได้อยู่จนกว่าจะจับได้
เว้นแต่ความผิดอาญาตามหมายนั้นขาดอายุความหรือศาลซึ่งออกหมายนั้นได้ถอนหมายคืน
traduction anglaise
An arrest warrant remains valid until the arrest is made, except where the criminal offense under the warrant has become time-barred by prescription, or the court that issued the warrant has withdrawn it.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 68 sits in the part of the Code governing arrest warrants and fixes the lifespan of such a warrant. It establishes that a warrant is open-ended in time, running until execution, and identifies the only two events that terminate it: prescription of the offense under the criminal law of limitation, and withdrawal by the issuing court. Because prescription operates by law, courts have read this section as meaning a warrant lapses automatically once the offense is time-barred, without any need for a separate order revoking it. The section works together with the prescription periods in the Penal Code and with the judge's power to issue and refuse arrest warrants.
Pourquoi cela est important en pratique
For a person who believes an old warrant is still hanging over them, the key question is whether the offense has become time-barred: if it has, the warrant is already spent and the arrest that it authorized can no longer lawfully take place. A person who has been detained on a warrant for a stale offense should raise prescription immediately, and anyone facing an outstanding warrant should get the position checked before travelling or dealing with authorities. If you are unsure where you stand, it is worth taking early advice from a lawyer; you can arrange this through an consultation en ligne avec un avocat thaïlandais.
Décisions de la Cour suprême interprétant cette section
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Supreme Court Judgment No. 2659/2565 (2022)
A single judge who has power to issue an arrest warrant also has power to consider whether the offense is time-barred and to dismiss the application on that ground, consistent with Section 68.
The Court held that a single judge empowered to issue arrest warrants may, in the same authority, examine whether the offense for which the warrant is sought has already become time-barred. Reading this together with Section 68, dismissing an application for an arrest warrant on the ground of prescription is a lawful exercise of that power and is not an irregular proceeding.
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Supreme Court Judgment No. 10616/2558 (2015)
When the offense under an arrest warrant becomes time-barred, the warrant loses effect from that date, even if the warrant states that it remains valid until arrest.
The offense carried a fifteen-year prescription period. Once that period expired, the Court held that the offense for which the warrant had been sought was time-barred, and under Section 68 the arrest warrant lost its effect from that same date, notwithstanding wording on the warrant that it would remain valid until the person was arrested.
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Supreme Court Judgment No. 6874/2557 (2014)
Once the offense under an arrest warrant is time-barred, the warrant lapses of itself, without any need for a further order revoking it.
Quoting Section 68 in full, the Court held that when the offense under the defendant's arrest warrant had become time-barred, the warrant lapsed automatically and there was no need to revoke it separately. The lower courts were correct to dismiss the defendant's motion, and the defendant's appeal failed.
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
Does an arrest warrant in Thailand expire after a certain number of years?
No. Under Section 68 the warrant itself does not expire with time; it stays valid until the arrest is made. It only ends if the underlying offense becomes time-barred or the issuing court withdraws it.
What happens to an arrest warrant when the offense is time-barred?
The warrant lapses automatically. Courts have held that once prescription runs out, the warrant is spent by operation of law and does not need a separate order to cancel it.
Can a judge refuse to issue an arrest warrant because the case is time-barred?
Yes. A single judge with power to issue arrest warrants may also consider whether the offense is already time-barred and dismiss the request on that ground; doing so is not an irregular proceeding.