Section 75 — Release after imprisonment ends
Statutory text (Thai original)
เมื่อผู้ต้องคำพิพากษาให้จำคุกถูกจำครบกำหนดแล้วหรือได้รับพระราชทานอภัยโทษให้ปล่อยหรือมีคำวินิจฉัยให้ปล่อยตัวไปโดยมีเงื่อนไข หรือมีกฎหมายยกเว้นโทษหรือโทษจำคุกนั้นหมดไปโดยเหตุอื่น ให้ศาลออกหมายปล่อยผู้นั้นไป
English translation
When a person sentenced to imprisonment has served the full term, or has been granted a royal pardon ordering release, or there is a decision ordering conditional release, or there is a law exempting the punishment, or the term of imprisonment is otherwise extinguished, the court shall issue a release warrant for that person.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 75 identifies the events that end a term of imprisonment and require the court to issue a release warrant. The grounds are completion of the full term, a royal pardon directing release, a decision granting conditional release, a law exempting the punishment, and any other cause by which the imprisonment is extinguished. Together with Sections 72 and 73, it completes the framework for when release warrants must issue, here focused on the post-sentence stage once a term of imprisonment comes to an end. It complements the imprisonment warrant in Section 74, closing the loop between committing a person to prison and lawfully releasing them.
Why this matters in practice
For a prisoner and their family, this section is the legal basis for lawful release once the term ends or another qualifying event occurs, and it makes clear that release is not discretionary once one of these grounds is met. In practice, delays can happen around the paperwork, so confirming that the release warrant has actually been issued matters, especially in pardon and conditional-release situations that involve extra steps. Keeping records of the served term and any pardon or exemption helps avoid a person being held past their release date. If a release seems overdue, it is worth having the position checked promptly.
Frequently asked questions
When must a prisoner be released under Section 75?
The court must issue a release warrant when the full term has been served, a royal pardon orders release, there is a decision for conditional release, a law exempts the punishment, or the imprisonment is otherwise extinguished.
Does a royal pardon lead to a release warrant?
Yes. Where a royal pardon orders release, Section 75 requires the court to issue a release warrant for that person.