Section 147 — Bar on re-investigation
Statutory text (Thai original)
เมื่อมีคำสั่งเด็ดขาดไม่ฟ้องคดีแล้ว ห้ามมิให้มีการสอบสวนเกี่ยวกับบุคคลนั้นในเรื่องเดียวกันนั้นอีก
เว้นแต่จะได้พยานหลักฐานใหม่อันสำคัญแก่คดี
ซึ่งน่าจะทำให้ศาลลงโทษผู้ต้องหานั้นได้วรรคสอง (สภาไม่อนุมัติ)
English translation
When a final non-prosecution order has been issued, no further investigation concerning that person in the same matter shall be conducted, except where new and material evidence bearing on the case is obtained which would likely enable the court to convict that accused. (Second paragraph: not approved by the Assembly.)
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This section gives finality to a non-prosecution decision by barring re-investigation of the same person on the same matter, a protection akin to preventing repeated prosecutorial attempts. The bar is triggered only by a genuinely final order under sections 145 and 146, not by a preliminary investigator's opinion. Its sole exception, new and material evidence likely to secure a conviction, is narrow. Where the bar applies but investigation proceeds anyway, that investigation is unlawful and the prosecutor gains no power to prosecute the same offence.
Why this matters in practice
For an accused, this is one of the strongest protections in the pre-trial process: a final non-prosecution order generally closes the same matter for good. If police or prosecutors try to reopen it, the burden is on them to show genuinely new and material evidence, and an investigation that ignores this bar can void any later prosecution. If you face a reopened matter, a licensed Thai lawyer can test whether the section 147 bar defeats the case before you go to court in Thailand.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 3095/2562 (2019)
A final non-prosecution order protects the accused against re-investigation and further prosecution of the same offence under sections 146 and 147.
The final non-prosecution order on the methamphetamine-use charge freed the accused and protected against re-investigation and prosecution of that same offence under sections 146 and 147, so the accused had ceased to be an accused in that matter.
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Supreme Court Judgment No. 4802/2559 (2016)
Where no new and material evidence appears after a final non-prosecution order, re-investigating the same matter is barred under section 147 and the resulting prosecution is void for want of power.
Because no new and material evidence likely to lead to conviction appeared, re-investigating the defendants for jointly selling counterfeit fertilizer, the same matter, was barred under section 147; that investigation was not lawful, so the prosecution had no power to prosecute that charge and the defendants' appeal succeeded on that point.
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Supreme Court Judgment No. 1821/2557 (2014)
By analogy to section 147, a prosecutor who has decided not to further appeal may only change that decision if sufficient new evidence shows the accused likely committed the offence.
The court reasoned that, comparable to section 147, once a prosecutor has ordered not to further appeal, changing that order to appeal would require new evidence sufficient to show the accused likely committed the offence; there was no statutory provision otherwise allowing the prosecutor to reverse a decision not to further appeal.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a case be reopened after a final non-prosecution order?
Generally no. Section 147 bars re-investigating the same person on the same matter, except where new and material evidence appears that would likely lead the court to convict.
What if police investigate anyway despite the bar?
If the section 147 bar applies but an investigation proceeds without new material evidence, that investigation is unlawful and the prosecutor has no power to prosecute the same offence.