Section 100 — Prescription of preventive detention
English translation
Preventive detention, if not enforced within three years from the date of release from punishment, from the date the punishment lapses, or from the date of absconding during preventive detention, lapses as to the preventive detention.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 100 sets the enforcement prescription for preventive detention (kakkan), completing the timing rules that begin with Section 97. While Section 97 limits the six-month window to seek preventive detention, Section 100 limits the enforcement of an order already made to three years, running from the most relevant of three start dates: release from punishment, lapse of the punishment, or absconding during detention. If the three years pass without enforcement, the preventive detention lapses. Together the two sections confine both the request for, and the carrying out of, this safety measure, consistent with its forward-looking, risk-based rationale rather than a purely punitive one.
Why this matters in practice
Preventive detention is not open-ended once ordered: under Section 100 it must be enforced within three years of the relevant start date, or it lapses. For someone with a preventive detention order who has since served their sentence, this is a real limit to check, because a stale order that was never carried out within three years can no longer be enforced. The start date depends on the facts, whether it is release, lapse of punishment, or flight, so the calculation should be verified against the record. If a preventive detention order is being raised against you, have counsel confirm whether Section 100 has run; you can book a consultation.
Frequently asked questions
How long can a preventive detention order be enforced?
Under Section 100, preventive detention must be enforced within three years of release from punishment, the lapse of punishment, or absconding during detention, otherwise it lapses.
How does Section 100 relate to Section 97?
Section 97 sets a six-month limit to seek preventive detention, while Section 100 sets a three-year limit to enforce an order already made. Together they confine both the request and the enforcement.