Section 272 — Issuance of the decree
Statutory text (Thai original)
ถ้าศาลได้มีคำพิพากษาหรือคำสั่งอย่างใดซึ่งต้องมีการบังคับคดีแก่ลูกหนี้ตามคำพิพากษาก็ให้ศาลออกคำบังคับทันทีที่ได้อ่านหรือถือว่าได้อ่านคำพิพากษาหรือคำสั่งนั้น และให้ถือว่าลูกหนี้ตามคำพิพากษาได้ทราบคำบังคับแล้วในวันนั้น
ในคดีที่ลูกหนี้ตามคำพิพากษาขาดนัดยื่นคำให้การหรือขาดนัดพิจารณา และลูกหนี้ตามคำพิพากษา ทนายความ หรือผู้รับมอบฉันทะจากบุคคลใดบุคคลหนึ่งดังกล่าวให้มาฟังคำพิพากษาหรือคำสั่ง มิได้อยู่ในศาลในเวลาที่ออกคำบังคับ ให้บังคับตามมาตรา ๑๙๙ ทวิ หรือมาตรา ๒๐๗ แล้วแต่กรณี
English translation
Where the court has rendered a judgment or order requiring execution against a judgment debtor, the court shall issue a decree immediately upon reading, or being deemed to have read, that judgment or order, and the judgment debtor shall be deemed to have known the decree on that day.
In a case where the judgment debtor has defaulted in filing a defence or defaulted in appearance, and the judgment debtor, the lawyer, or the agent authorised by any of them to hear the judgment or order is not present in court at the time the decree is issued, Section 199 bis or Section 207, as the case may be, shall apply.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 272 begins Book 4, Title 2, Part 2 on the decree, the step that turns a judgment into something enforceable. The decree is the court's command to the judgment debtor to perform, and it must precede execution: without a valid decree there is nothing to enforce. The section sets the default timing rule, that the decree issues when the judgment is read and is deemed known that day, and it dovetails with Section 273, which fixes the content and the period for compliance. Where the debtor defaulted and is absent at issuance, Section 199 bis or Section 207 governs how the decree is brought home, which is why a creditor with a default judgment often must ask the court to issue and serve the decree.
Why this matters in practice
Do not skip the decree. Enforcement built on no valid decree, or on a judgment that no longer exists, can be undone: if the underlying case was dismissed or the debtor was never truly ordered to pay, any decree and execution can be set aside, and a person who was not made a judgment debtor cannot be pursued in that case. If you won by default, remember the decree is usually not effective on judgment day, so you should promptly ask the court to issue and serve it before the clock on execution runs. Timing here feeds directly into the ten-year enforcement window in Section 274.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4380/2568 (2025)
A decree may issue only where the court has rendered a judgment or order requiring execution against a judgment debtor; where no such judgment was made against a person, that person is not a judgment creditor or debtor and cannot use the case to obtain or resist execution.
The court explained that a decree, being the order directing a judgment debtor to comply, presupposes a judgment requiring execution against that debtor under Sections 272 and 273. Because the court had not ordered the three defendants to return or pay for the property, the joined plaintiff was not a judgment creditor and had no right to enforce in that case; any loss had to be pursued in a separate action.
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Supreme Court Judgment No. 2232/2567 (2024)
Where a dismissal order extinguishes the judgment, there is no judgment left to enforce, and a decree issued despite that does not comply with Section 272 paragraph one and must be revoked.
The trial court's order dismissing the case was treated as covering both the criminal and civil parts, which extinguished its judgment so that no judgment remained to bind the defendant. The Supreme Court held that the decree therefore did not comply with Section 272 paragraph one, read with Section 15 of the Criminal Procedure Code, and had to be revoked, leaving the injured party to sue the defendant's heirs afresh.
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Supreme Court Judgment No. 10731/2558 (2015)
In civil cases the judgment creates the judgment debt and the court must issue a decree; but where judgment is given by default and the court cannot issue the decree on the judgment day because the debtor is absent, it falls to the judgment creditor to file a statement asking the court to issue the decree.
By a Grand Chamber resolution, the Supreme Court held that once a civil judgment creates a judgment debt the court must issue a decree fixing the method, period, and conditions of compliance under Section 272. Where the debtors lost by default and the court could not issue the decree on judgment day, it was the judgment creditor's duty to file a statement with the trial court so the decree could be issued.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is a decree under Section 272?
A decree is the court's order directing the judgment debtor to comply with the judgment. It is issued when the judgment is read and, at that point, the debtor is deemed to know it. Execution can only follow a valid decree.
What if the debtor won by default and no one was in court?
Where the debtor defaulted and neither the debtor, the lawyer, nor an authorised agent is present when the decree issues, Section 199 bis or Section 207 applies, so the creditor usually must ask the court to issue and serve the decree.
Can a decree be issued when the judgment no longer exists?
No. If the case was dismissed or there is no judgment ordering payment against the person, there is no enforceable obligation and a decree issued despite that is improper and can be revoked.