Section 11 — Foreign judgment for offences abroad
English translation
Whoever commits an offence outside the Kingdom and is to be punished within the Kingdom under Section 7, Section 8, or Section 9, if a judgment of a foreign court has been rendered on that act, then:
(1) if that judgment has become final ordering the person to be released, the person may not be prosecuted again within the Kingdom;
(2) if that judgment has become final that the person committed the offence and the person has undergone the whole penalty for the act, the person may not be prosecuted again within the Kingdom;
(3) if that judgment has become final that the person committed the offence but the person has not yet undergone the penalty, or has undergone it but not in full, the person may still be prosecuted within the Kingdom; but if the person has already undergone part of the penalty 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.
A Thai national who commits an offence outside the Kingdom and has been prosecuted in a foreign court at the request of the Thai Government, if the judgment has become final ordering release, or if the person has undergone the whole penalty under the judgment, may not be prosecuted again within the Kingdom.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 11 mirrors Section 10 but applies to genuinely extraterritorial offences punishable in Thailand under the personality, protective, or official-status heads in Sections 7, 8, and 9. Paragraphs (1) and (2) give bar effect to a final foreign acquittal and to a conviction whose penalty has been fully served. Paragraph (3) preserves Thai jurisdiction where the foreign penalty is unserved or only partly served, while requiring the court to credit any portion already undergone and allowing a reduced penalty or none. The final paragraph adds a special rule for a Thai national tried abroad at the request of the Thai Government, giving bar effect to a foreign release or fully served penalty. The re-punishment discretion is exercised by taking into account the penalty already received abroad.
Why this matters in practice
Section 11 matters where a person has already been dealt with abroad for an offence that Thailand can also punish extraterritorially. A full foreign acquittal or fully served sentence is a complete bar, so documenting the foreign outcome precisely is essential. Where the foreign penalty was only partly served, Thai prosecution remains possible but the court has broad discretion to credit time served and even to impose no penalty; this makes the record of what was served abroad central to sentencing. The provision is discretionary rather than automatic on penalty reduction, so a court weighs the penalty already undergone. Certified foreign court records and proof of penalty served are the practical keys.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6552/2559 (2016)
Under Section 11 paragraph one, even though the court may reduce the penalty or impose none, this is a discretion to be exercised by taking into account the penalty the offender has already received abroad for the same act.
The Supreme Court held that although Section 11 paragraph one permits imposing a lesser penalty or none, the court must exercise that discretion in light of the penalty already imposed abroad for the same offence, and this point of law affecting public order could be raised even for the first time on appeal.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Does Section 11 or Section 10 apply to my case?
Section 10 applies to offences committed in or deemed committed in the Kingdom. Section 11 applies to offences committed abroad that Thailand can punish under Sections 7, 8, or 9.
If I served my full sentence abroad, can Thailand still prosecute me?
No, for offences under Sections 7 to 9. Section 11 bars re-prosecution where a final foreign conviction has been fully served, or where the foreign court finally ordered release.