Section 76 — Warrants executed without delay
Statutory text (Thai original)
หมายขัง หมายจำคุก หรือหมายปล่อยต้องจัดการตามนั้นโดยพลัน
English translation
A detention warrant, an imprisonment warrant, or a release warrant must be carried out without delay.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 76 imposes a duty of immediate execution on the three custody-related warrants dealt with in this chapter: detention, imprisonment, and release warrants. It ensures that a court's decision to detain, imprison, or release takes effect at once rather than being delayed by the officers responsible for carrying it out. The provision is short but significant, because delay in acting on a release warrant means continued unlawful detention, and delay on a detention or imprisonment warrant undermines the court's order. It complements Sections 71 to 75, which set out when each of these warrants must be issued.
Why this matters in practice
This section matters most on the release side: when the court has ordered release, the person should be freed at once, and continued detention after a release warrant is not lawful. If a family member has a release warrant but is still being held, this is the provision that requires immediate action. Keeping a copy of the warrant and the time it was issued helps if there is any delay. If someone remains in custody despite a release order, prompt legal help can push the matter forward.
Frequently asked questions
How quickly must a release warrant be carried out?
Immediately. Section 76 requires detention, imprisonment, and release warrants to be carried out without delay, so a person with a release warrant should be freed at once.
Is continued detention lawful after a release warrant is issued?
No. Because Section 76 requires immediate execution, holding a person after a release warrant has been issued is not lawful.