A convicted defendant asked the Supreme Court to deduct his 3-year preventive detention (กักกัน) order from his prison sentence. In Dika 1056/2569 the Court refused: preventive detention is a safety measure under Sections 39(1) and 41 of the Penal Code, not punishment — it is never counted as imprisonment, and it cannot be combined with prison time to open an appeal under Section 219 bis of the Criminal Procedure Code.
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