Penal Code

Section 13 — Revocation of an abolished safety measure

English translation

If, according to the provisions of a law enacted afterwards, a safety measure to be applied is no longer provided in the law, the court may, when it thinks fit or when the person subjected to the safety measure so requests, order that safety measure to be revoked.

This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.

Firm annotation

Section 13 applies to safety measures the same favourable-law logic that Section 2 applies to penalties on abolition. Where a later law removes a safety measure from the statute book, the measure loses its ongoing justification, and the court is empowered to revoke a measure already imposed. Revocation is discretionary (the court may act when it thinks fit) and can also be triggered by the affected person's request. It complements Section 12, which requires statutory authority for any safety measure at the time of judgment, by ensuring that a measure does not survive the repeal of its legal basis. Sections 14 and 15 deal with the related situations of changed conditions and of penalties later converted into safety measures.

Why this matters in practice

Section 13 gives a person still subject to a safety measure a direct route to relief when the law changes: if the later law no longer provides for that measure, the person can ask the court to revoke it. Because revocation is discretionary, the request should show that the measure is no longer authorized by current law and that continuing it serves no purpose. This is a substantive-law lever tied to legislative change, and it is worth reviewing whenever preventive measures have been imposed and the governing law has since been amended. It applies to Penal Code safety measures; a similarly numbered section in another statute is a different provision and should not be confused with this one.

Frequently asked questions

Can a safety measure be cancelled if the law changes?

Yes. Under Section 13, if a later law no longer provides for that safety measure, the court may revoke it when it thinks fit or when the affected person requests.

Who can ask for revocation under Section 13?

The court may act on its own view, or the person subjected to the safety measure may request revocation.

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This is educational reference, not legal advice. Consult a qualified Thai lawyer before relying on any provision.

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