Three years of detention that don’t count as prison: Dika 1056/2569

A convicted defendant serving 4 years 6 months asked the Supreme Court to lift a 3-year preventive detention (กักกัน) order, arguing that together they came to 7 years 6 months. In Dika 1056/2569 the Court declined to hear the appeal at all: preventive detention is a safety measure under Sections 39(1) and 41 of the Penal Code, not punishment, and Section 219 bis paragraph 2 of the Criminal Procedure Code forbids counting it with the prison term that decides whether a Supreme Court appeal is allowed. The appeal was barred and dismissed without a ruling on the detention.

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