Section 12 — Legality of safety measures
English translation
A safety measure may be applied to a person only where there is a provision of law allowing it to be applied, and the law to be applied shall be the law in force at the time the court renders judgment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 12 opens the General Part's treatment of safety measures, which are preventive or corrective orders distinct from punishment, such as preventive detention, prohibition from a locality, or restraint from a habitual offence. Two rules are stated: safety measures require express statutory authority (a legality rule paralleling Section 2 for penalties), and the applicable law is the law in force at the time of judgment, not at the time of the act. This time-of-judgment rule is a deliberate contrast to punishment, reflecting the forward-looking, protective purpose of safety measures. Sections 13 to 15 then set out how later changes in the law affect safety measures already imposed, mirroring the favourable-law logic of Sections 2 and 3 for penalties.
Why this matters in practice
In practice Section 12 means a court cannot invent a safety measure; it must point to a statute that authorizes it, and it applies the version of the law current at judgment. For a defendant, this is both a safeguard, because an unauthorized safety measure cannot stand, and a point of timing, because a change in the safety-measure law between offence and judgment is governed by the law at judgment. Safety measures are not penalties, so they carry different consequences from imprisonment or fines, but they still restrict liberty and should be scrutinized for statutory basis. Where the safety-measure law has changed, Sections 13 to 15 may allow revocation or modification in the person's favour.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 54/2501 (1958)
Safety measures are provided in Sections 12 to 16; where a later provision on preventive detention is more favourable to the offender, that later provision applies.
The Supreme Court noted that Sections 12 to 16 provide for safety measures and held that the later provision governing preventive detention, being more favourable to the defendant, applied to the defendant.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What is a safety measure under the Thai Penal Code?
A safety measure is a preventive or corrective order distinct from punishment, such as preventive detention or restraint from a habitual offence. Under Section 12 it can be imposed only where a law authorizes it.
Which law applies to a safety measure, the law at the time of the act or at judgment?
Section 12 provides that the law in force at the time the court renders judgment applies, which differs from the rule for penalties tied to the time of the offence.