มาตรา 89/2 — วิธีการจำคุกอย่างอื่นตามคำพิพากษา

คำแปลภาษาไทย

Where there is a necessity, when the public prosecutor, the warden of the prison, or the officer having the duty to carry out the imprisonment warrant so requests, or when the court deems it appropriate, the court may order that a person who must be imprisoned under a final judgment, and who has already served imprisonment of not less than one-third of the term of the penalty specified in the court's warrant issued under that judgment, or not less than ten years in the case of imprisonment exceeding thirty years or imprisonment for life, be imprisoned by any one of the following methods:
(1) to be imprisoned in a place other than a prison or the place specified in the imprisonment warrant, as requested by such person or as the court deems appropriate; the characteristics of such place shall be as prescribed in a ministerial regulation, which must also prescribe the method of control and measures to prevent escape or damage that may occur;
(2) to be imprisoned in the prison or the place specified in the imprisonment warrant, or in another place under (1), only on the days fixed according to the rules and methods prescribed in a ministerial regulation;
(3) to be imprisoned by another method that can restrict the travel and territory of that person, according to the rules and methods prescribed in a ministerial regulation.
In the court's consideration under paragraph one, the court shall take into account the basis of the offense, the conduct and welfare of the person who must be imprisoned, as well as the welfare and safety of the injured person and of society. In this regard, the court shall conduct an examination or inquire of the injured person, the officer concerned with the imprisonment warrant, the administrative or police officer of that locality, or a person whom the court considers to be concerned.
In the court's order under paragraph one, the court shall designate the officer having the duty to carry out that warrant as the person having the duty and responsibility for carrying out the order; and the provisions of section 89/1 paragraph four shall apply mutatis mutandis.

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