Section 73 — Release when custody meets the sentence
Statutory text (Thai original)
คดีใดอยู่ระหว่างอุทธรณ์ฎีกา ถ้าจำเลยต้องควบคุมหรือขังมาแล้วเท่ากับหรือเกินกว่ากำหนดจำคุกหรือกำหนดจำคุกแทนตามคำพิพากษา ให้ศาลออกหมายปล่อยจำเลย เว้นแต่จะเห็นสมควรเป็นอย่างอื่นในกรณีที่โจทก์อุทธรณ์ฎีกาในทำนองขอให้เพิ่มโทษ
English translation
In a case pending appeal to the Court of Appeal or the Supreme Court, if the defendant has already been kept in custody or detained for a period equal to or exceeding the term of imprisonment, or the term of imprisonment in lieu, imposed by the judgment, the court shall issue a release warrant for the defendant, unless it sees fit to order otherwise in a case where the plaintiff has appealed to the Court of Appeal or the Supreme Court seeking an increase of the punishment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 73 protects a defendant on appeal from being detained beyond the punishment already fixed at first instance. It requires the court to release the defendant once time served in custody or detention equals or exceeds the imprisonment term, or the imprisonment imposed in lieu of a fine, under the judgment. The single exception is where the prosecution has appealed seeking a heavier penalty and the court sees fit to keep the defendant in custody, reflecting the possibility that the sentence may increase on appeal. The section is expressly cross-referenced by Section 74, which subordinates the issuing of an imprisonment warrant to this release rule.
Why this matters in practice
This is an important protection for a defendant whose appeal is still running: time already spent in custody counts, and once it reaches the sentence length, continued detention is not justified simply because the appeal is unresolved. The practical step is to keep a careful tally of days actually served and to raise the point with the court as soon as the threshold is met. The exception applies only where the prosecution is appealing for a heavier sentence, so most defendants who have served their term should be released. If you think you or a family member has already served the sentence while on appeal, it is worth having the calculation and record checked by a lawyer.
Frequently asked questions
Must a defendant be released if they have already served the sentence while on appeal?
Yes. Under Section 73, if the defendant has been held for a period equal to or exceeding the imprisonment term in the judgment, the court must issue a release warrant, unless the prosecution has appealed for a heavier sentence and the court sees fit to detain.
Does time already spent in custody count toward the sentence?
Yes. Section 73 counts custody or detention already served, and once that period reaches or passes the imprisonment term in the judgment, release is required while the case is on appeal.