Section 18 — Types of punishment
English translation
The punishments for offenders are as follows: (1) death; (2) imprisonment; (3) confinement; (4) fine; (5) forfeiture of property. The death penalty and life imprisonment shall not be applied to a person who committed the offense while under eighteen years of age. Where a person who committed the offense while under eighteen years of age has committed an offense punishable by death or life imprisonment, such prescribed punishment shall be deemed changed to imprisonment of fifty years.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 18 is the foundational catalogue of punishments in the Penal Code and opens the Title on Punishments and Measures of Safety. The five listed punishments are exhaustive: anything not on this list, such as relegation (preventive detention) or suspension of a licence, is a measure of safety or an ancillary order, not a 'punishment.' The Supreme Court has confirmed that forfeiture of property under (5) is itself a criminal punishment, that a fine under (4) is a punishment, and that relegation is not a punishment within this section. The second and third paragraphs are a categorical juvenile protection: no death penalty or life term for offenders under eighteen, with such penalties automatically reduced to a fifty-year term before any further mitigation is applied.
Why this matters in practice
In practice, the type of punishment shapes everything that follows: fines can be paid or converted, forfeiture can reach property used in the offense, and the juvenile rule caps the very worst exposure at fifty years for those under eighteen at the time of the act. Knowing which of the five punishments applies to your charge, and whether forfeiture of property is also sought, is the starting point for any defense. For a plain overview of how these penalties work, see our criminal law knowledge in Thailand guide.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 719/2568 (2025)
Forfeiture of property under Section 18(5) is a criminal punishment in its own right; where property is directly used to commit the offense, the court may in its discretion order it forfeited to prevent reuse and to deter others.
The issue was whether the defendant's own car, used to help a smuggled alien flee arrest, was liable to forfeiture. The Grand Chamber held that forfeiture of property under Section 18(5) is a criminal punishment additional to the others listed in the section, so where the court finds the property was directly used in the offense it may order forfeiture to deny the offender future use of it and to deter like conduct.
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Supreme Court Judgment No. 5682/2567 (2024)
Relegation (preventive detention) is not a punishment enumerated in Section 18; an appellate change that only substitutes one recidivism enhancement for another and adds relegation is treated as a minor amendment of the sentence.
The appellate court changed the recidivism enhancement from one-third under Section 92 to one-half under Section 93(13) and added three years' relegation from the day of release. The Court observed that relegation is not a punishment under Section 18, so the change was minor; since the imprisonment for the underlying offense did not exceed five years, a further appeal on the facts was barred.
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Supreme Court Judgment No. 5650/2567 (2024)
A fine is a criminal punishment under Section 18, but an offense punishable by fine only is not one carrying death or imprisonment for the purpose of the rule requiring the court to appoint defense counsel.
The charge under the traffic law carried only a fine of not more than four thousand baht. The Court noted that although a fine is one of the criminal punishments under Section 18, the rule requiring appointment of defense counsel is meant only for cases punishable by death or imprisonment; a fine-only case, where the defendant can pay or perform community service, does not trigger that requirement.
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 are the five criminal punishments in Thailand?
Under Section 18, they are death, imprisonment, confinement, fine and forfeiture of property.
Can someone under 18 be sentenced to death or life imprisonment?
No. Section 18 bars the death penalty and life imprisonment for anyone who was under eighteen when the offense was committed, and converts such penalties to a fifty-year term.
Is forfeiture of property a punishment or just a court order?
The Supreme Court has held that forfeiture of property under Section 18(5) is itself a criminal punishment, not merely an incidental order.