119 — การบังคับตามสัญญาประกัน

คำแปลภาษาไทย

Where there is a breach of a bail bond given to the court, the court has the power to order enforcement of the bond or as the court sees fit, without the need to file a lawsuit. In doing so, the court may order a stay of enforcement of the bond or reduce the amount payable under the bond, taking into account the surety's efforts to trace the accused or defendant who has absconded, together with how much or how little damage has occurred. Once the court has issued any order, the party against whom the bond is enforced or the public prosecutor has the right to appeal, and the decision of the Court of Appeal shall be final. Cash or other securities deposited with the court as security under Section 114 shall not be subject to seizure or attachment to satisfy debts owed to other creditors until liability under the bond has been extinguished, unless the court is of the opinion that the creditor's debt did not arise from fraud and orders the release of such property. Where enforcement is necessary because of a breach of the bond under paragraph one, the court has the power to issue a writ of execution or any other order to enforce against the property of the person liable under the bond as if that person were a judgment debtor. The court officer so appointed and the public prosecutor shall have the authority and duty to enforce the bond, and the execution officer of the Legal Execution Department shall have the authority and duty to seize or attach the surety's property and sell it by public auction as notified by the court or the public prosecutor. Where property deposited as security with the court must be sold, once the court sends the property or the title documents for that property to the execution officer of the Legal Execution Department, the property shall be deemed to have been seized. In this regard, no state agency shall charge court fees or expenses from the person carrying out the execution. Execution under this section shall follow the Civil Procedure Code mutatis mutandis, unless the President of the Supreme Court, with the approval of the plenary session of the Supreme Court, issues regulations providing otherwise. Such regulations shall take effect upon publication in the Government Gazette.

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