Section 263 — No Stay for Non-Capital Penalties
Statutory text (Thai original)
เหตุที่มีเรื่องราวขอพระราชทานอภัยโทษในโทษอย่างอื่นนอกจากโทษประหารชีวิต ไม่เป็นผลให้ทุเลาการลงโทษนั้น
English translation
The submission of a petition requesting a royal pardon in respect of a penalty other than the death penalty does not have the effect of staying the execution of that penalty.
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 draws the sharp line between capital and non-capital cases in the pardon procedure. The special stay in section 262 exists only because a death sentence is irreversible; for all other penalties, section 263 confirms that enforcement continues uninterrupted while a pardon petition is considered. In practice this means a prisoner keeps serving time and fines remain due during the process. It should be read together with section 262 (the death-penalty exception) and section 265, which governs what happens to a penalty once a pardon is actually granted.
Why this matters in practice
The practical takeaway for prisoners and families is that petitioning for clemency does not buy time out of prison: unless and until a pardon is granted, the sentence runs and any fine remains payable. This matters for planning, because there is no automatic suspension to rely on while the paperwork moves through the Ministry of Justice. Only a death sentence benefits from a stay, under section 262.
Frequently asked questions
Does asking for a pardon stop a prison sentence in Thailand?
No. Under section 263, a pardon petition for any penalty other than death does not stay execution, so imprisonment and fines continue while the petition is considered.
Why does only a death sentence get a stay during a pardon request?
Because a death sentence cannot be reversed once carried out. Section 262 stays execution to preserve the clemency chance, while section 263 confirms no such stay applies to other penalties.