Section 114 — Types of security
Statutory text (Thai original)
เมื่อจะปล่อยชั่วคราวโดยให้มีประกันและหลักประกันด้วย ก่อนปล่อยตัวไป ให้ผู้ร้องขอประกันจัดหาหลักประกันมาดังต้องการหลักประกันมี ๓ ชนิด คือ
(๑) มีเงินสดมาวาง
(๒) มีหลักทรัพย์อื่นมาวาง
(๓) มีบุคคลมาเป็นหลักประกันโดยแสดงหลักทรัพย์
English translation
When provisional release is to be granted with a bond and security as well, before the release the applicant for bail shall furnish the security as required. Security is of three kinds, namely: (1) placing cash on deposit; (2) placing other assets on deposit; (3) providing a person as security by showing assets.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 114 defines the forms security may take when release requires more than a bare bond. The applicant must furnish the security before release, and it is limited to three kinds: cash, other assets, or a person acting as security by showing assets. This complements the bond mechanics of Section 112 and the framework of Section 110, which decides when security (as opposed to a bond alone) is called for. The Supreme Court has clarified two points on this section: security need not be owned solely by the surety, and the security under this section is a preliminary security only, so a bail creditor may enforce a forfeiture against the surety's property in full, using civil execution procedure through Section 15, rather than being confined to the pledged asset as in a mortgage.
Why this matters in practice
Choosing the form of security matters. Cash is simplest but ties up funds; a title deed or a personal surety showing assets can free up cash but exposes the whole of that person's property, because the courts treat this as only a preliminary security and allow full enforcement against a defaulting surety. The asset used need not belong solely to the surety, so a third party may consent to lend, for example, land. Because a forfeiture can be enforced through civil execution, this is where debt-collection style recovery meets bail: see /debt-collection-lawyer-in-thailand/ for how enforcement works.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 932/2538 (1995)
A person who applies for and stands as surety has the duty to furnish security under Section 114, but no law requires that security to be owned solely by the surety; furnishing another person's land as security, where that person consents, is valid and does not make the surety a mere agent of the landowner.
The first defendant furnished land belonging to the second defendant, who consented, as bail security. The Supreme Court held this valid under Section 114 and rejected the argument that the surety merely acted as the landowner's agent.
-
Supreme Court Judgment No. 791/2531 (1988)
The security stated in a bail contract is only a preliminary security under Section 114; a bail contract is not a mortgage under Civil and Commercial Code Section 702, so a judgment creditor on a forfeited bail contract may seize and sell the surety's other property until the debt is fully satisfied, not only the pledged asset.
The Supreme Court held that because bail security is only preliminary and the bail contract is not a mortgage, the creditor could enforce the judgment against all of the surety's property until the debt was fully paid.
-
Supreme Court Judgment No. 553/2510 (1967)
Where a person stands as security by showing assets under Section 114(3), the Criminal Procedure Code does not provide the enforcement procedure, so the civil execution rules apply through Section 15; the judgment creditor of the surety may seize and sell that person's property in full to satisfy the court's fine order.
After the surety failed to pay the ordered forfeiture, the Supreme Court applied civil execution through Section 15 and held that the creditor could seize and sell the surety's property in full to satisfy the court's order.
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 can be used as bail security in Thailand?
Under Section 114 security may take three forms: depositing cash, depositing other assets such as a land title, or a person standing as security by showing their assets.
Must the security belong only to the person providing bail?
No. The Supreme Court has held that no law requires the security to be owned solely by the surety, so a third party may consent to allow their asset, such as land, to be used.