Section 33 — Penalties for contempt of court
Statutory text (Thai original)
ถ้าคู่ความฝ่ายใดหรือบุคคลใดกระทำความผิดฐานละเมิดอำนาจศาลใด ให้ศาลนั้นมีอำนาจสั่งลงโทษโดยวิธีใดวิธีหนึ่ง หรือทั้งสองวิธีดังจะกล่าวต่อไปนี้ คือ(ก) ไล่ออกจากบริเวณศาล หรือ(ข) ให้ลงโทษจำคุก หรือปรับ หรือทั้งจำทั้งปรับการไล่ออกจากบริเวณศาลนั้นให้กระทำได้ชั่วระยะเวลาที่ศาลนั่งพิจารณาหรือภายในระยะเวลาใด ๆ ก็ได้ตามที่ศาลเห็นสมควร เมื่อจำเป็นจะเรียกให้ตำรวจช่วยจัดการก็ได้ในกรณีกำหนดโทษจำคุกและปรับนั้นให้จำคุกได้ไม่เกินหกเดือนหรือปรับไม่เกินห้าร้อยบาท
English translation
If any party or any person commits contempt of any court, that court has the power to order punishment by either one or both of the following methods, namely:
(a) expulsion from the court precincts; or
(b) imprisonment, or a fine, or both imprisonment and a fine.
Expulsion from the court precincts may be effected for the duration of the court's sitting or for any period as the court thinks fit; where necessary, the police may be called upon to assist. In fixing the punishment of imprisonment and fine, imprisonment shall not exceed six months, or the fine shall not exceed five hundred baht.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 33 sets the penalties for contempt of court defined in Sections 31 and 32. The court may expel the offender from the court precincts, impose imprisonment or a fine, or combine imprisonment and a fine; expulsion may run for the sitting or any period the court fixes, with police assistance where needed. The maximum imprisonment is six months and the maximum fine is five hundred baht. Consistent with the special nature of contempt, the court exercises this power on its own without a prosecutor. Contempt punished here remains distinct from any ordinary criminal liability arising from the same facts.
Why this matters in practice
The penalties here are capped, six months in prison or a five-hundred-baht fine, but the process is immediate and driven by the court itself, so there is little of the usual buffer between the conduct and the punishment. In practice courts often suspend a short prison term for a first offender with a clean record and stable occupation. Where several people act together, each can be punished. Remember that being punished for contempt does not close the door to a separate criminal case on the same facts. If contempt is alleged against you, seek advice from a Thai lawyer immediately.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3147/2562 (2019)
Under Sections 31(1) and 33 the court fixes punishment for contempt within the statutory limits, and may impose a short suspended imprisonment term together with a fine, taking into account a first offender's clean record.
The trial court convicted the accused of contempt under Sections 31(1) and 33 with Section 83 of the Penal Code. The first accused, who confessed and had no prior imprisonment, received two months' imprisonment (suspended for one year) and a five-hundred-baht fine, while the second accused received one month, showing how penalties are set within the Section 33 limits.
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Supreme Court Judgment No. 5958/2559 (2016)
Contempt under Sections 31(1) and 33 may be committed jointly, and the court fixes imprisonment within the six-month limit, reducing the term for a confession that assists the proceedings.
The trial court convicted the first and third accused of jointly committing contempt under Sections 31(1) and 33 with Section 83 of the Penal Code, imposing four months' imprisonment each. The first accused's confession was treated as a mitigating factor, reducing the term by half to two months, illustrating sentencing within the Section 33 ceiling.
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Supreme Court Judgment No. 3395/2566 (2023)
The power to punish contempt under Sections 31(1) and 33 is a special power the court exercises without a prosecutor, and it is distinct from any ordinary crime arising from the same facts, so a later criminal prosecution is not barred as a repeat prosecution.
The Court explained that contempt under Sections 31(1) and 33 gives the court a special power to punish without any complainant or prosecutor, distinct from the defendant's separate offence of forgery. Even though the contempt punishment was final, the later criminal prosecution on the same facts was not barred as a repeat prosecution.
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 the penalty for contempt of court in Thailand?
Under Section 33 the court may expel the offender from the court precincts, impose imprisonment of up to six months or a fine of up to five hundred baht, or order both imprisonment and a fine.
Does the court need a prosecutor to punish contempt?
No. Contempt of court is a special power, so the court may order punishment under Section 33 on its own, without anyone acting as complainant or prosecutor.
Is the prison term for contempt usually served?
Not always. In practice courts often suspend a short imprisonment term for a first offender with a clean record and stable occupation, while still imposing a fine.