Section 10 — Effect of a foreign judgment
English translation
Whoever commits an offence within the Kingdom, or commits an offence that this Code deems to have been committed within the Kingdom, if a final judgment of a foreign court on that act has ordered that person to be released, may not be prosecuted again for it within the Kingdom. But if the final judgment of the foreign court is that the person committed the offence, that person may be prosecuted within the Kingdom; however, the court must take into account the penalty the person has already undergone abroad. If the offender has already undergone in full the penalty for that act under the judgment of the foreign court, the court may impose a penalty less than that fixed by law for the offence to any extent it thinks fit, or may impose no penalty at all.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 10 governs the interaction between a foreign judgment and Thai prosecution for an offence committed within the Kingdom, or deemed committed there under Sections 4 to 6. It gives a foreign acquittal a full bar effect: a final foreign judgment ordering release blocks re-prosecution in Thailand. A foreign conviction does not bar Thai prosecution, but it constrains punishment, requiring the court to credit any penalty already undergone and permitting a reduced penalty or none where the foreign penalty was served in full. The provision applies only where the second prosecution is for the same act; it does not bar prosecution for a different offence or act. Section 11 provides the parallel rule for offences committed abroad under Sections 7, 8, and 9.
Why this matters in practice
Section 10 is relevant where the same conduct connected to Thailand has already been tried abroad. A prior foreign acquittal on the same act is a complete defence to a Thai prosecution, so establishing that the foreign judgment concerned the same act is decisive. A prior foreign conviction is not a bar, but it is a strong mitigation lever: the court must credit time or penalty already served, and may impose no penalty where the foreign sentence was fully served. Note that the bar is act-specific, so the prosecution may argue that the Thai charge concerns a different offence than the one decided abroad. Anyone in this situation should obtain certified records of the foreign judgment and the exact charge decided.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4901/2555 (2012)
The Section 10 bar on re-prosecution applies only to punishment for the same act; where the foreign conviction was for a different offence, Section 10 does not bar prosecution in Thailand.
The foreign court had convicted the defendant of prostitution, but the Thai charge was procuring a person for indecency and prostitution. The Supreme Court held these were different offences and different acts, so the Section 10 bar, which applies only to the same act, did not prevent the Thai prosecution.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
If a foreign court acquitted me, can Thailand prosecute me again?
For an offence committed in or deemed committed in the Kingdom, no. Under Section 10, a final foreign acquittal on the same act bars re-prosecution in Thailand.
What if a foreign court already convicted and punished me?
Thailand may still prosecute, but the court must take account of the penalty you already served, and if you served it in full the court may reduce your penalty or impose none.