Section 15 — Penalty converted into a safety measure
English translation
If, according to the provisions of a law enacted afterwards, any penalty is changed into a safety measure, the penalty already imposed shall be deemed a safety measure; for a person who has not yet undergone the penalty, or who is undergoing it, the court may order a safety measure to be applied in place of that penalty; and where there is a change of conditions that would be grounds for revoking that safety measure, the court may order it 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 15 completes the transitional scheme for safety measures in Sections 12 to 14 by dealing with a legislative shift in character, where a later law recharacterizes a penalty as a safety measure. Three consequences follow: a penalty already imposed is deemed a safety measure; for a person not yet punished or still undergoing punishment, the court may substitute a safety measure for the penalty; and where changed conditions would justify revocation, the court may revoke. The provision reflects the forward-looking, protective purpose of safety measures and the favourable-law policy running through this part of the General Part. It should not be confused with identically numbered sections in special statutes, which are unrelated provisions.
Why this matters in practice
Section 15 becomes relevant only when a reform re-labels a penalty as a safety measure, which is uncommon but consequential. Where it applies, a person still serving or awaiting a penalty may seek an order substituting the safety measure, which typically carries different conditions and review mechanisms than imprisonment. Because a safety measure is preventive rather than punitive, the possibility of later revocation on changed conditions is built in. If a legislative change of this kind affects a current sentence, it is worth examining whether Section 15 permits substitution or revocation. Note carefully that many drug-case citations to a section 15 refer to the Narcotics law, not to this provision.
Frequently asked questions
What happens if a later law turns a penalty into a safety measure?
Under Section 15, a penalty already imposed is deemed a safety measure, and for a person still serving or awaiting punishment the court may order a safety measure in place of the penalty.
Can a converted safety measure later be revoked?
Yes. Section 15 provides that where a change of conditions would justify revocation of the safety measure, the court may order it revoked.