Section 89 — Territorial effect of detention warrants
Statutory text (Thai original)
หมายขังหรือหมายจำคุกต้องจัดการให้เป็นไปตามนั้นในเขตของศาลซึ่งออกหมายเว้นแต่บัญญัติไว้เป็นอย่างอื่นในประมวลกฎหมายนี้หรือกฎหมายอื่น
English translation
A warrant of detention or a warrant of imprisonment must be carried into effect within the jurisdiction of the court that issued the warrant, unless otherwise provided in this Code or in another law.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 89 fixes the default territorial reach of detention and imprisonment warrants in Chapter 1: they operate within the jurisdiction of the issuing court unless the Code or another statute provides otherwise. The saving clause accommodates exceptions such as transfer of detention where the investigation moves elsewhere under section 87, and the alternative-place detention and imprisonment orders in sections 89/1 and 89/2. In practice it anchors the enforcement of custody orders to a defined court territory while leaving room for statutory flexibility.
Why this matters in practice
This section matters when custody or an investigation spans more than one province: a warrant issued by one court is generally enforced within that court's territory, and moving a detainee elsewhere must have a legal basis such as a transfer under Section 87 or the special provisions in Sections 89/1 and 89/2. If you believe custody is being enforced outside the proper jurisdiction, raise it promptly; a consultation with a Thai lawyer can help you test its lawfulness.
Frequently asked questions
Where is a detention warrant enforced in Thailand?
Under Section 89, a warrant of detention or imprisonment is normally carried into effect within the jurisdiction of the court that issued it, unless the Code or another law provides otherwise.
Can a detainee be moved to another jurisdiction?
Yes, but there must be a legal basis, such as a transfer of detention where the investigation moves elsewhere under Section 87, or the alternative-place provisions in Sections 89/1 and 89/2.