Section 196 — Breach of court prohibition order
English translation
Whoever violates a prohibition order of the court given in a judgment under Section 50, shall be liable to imprisonment not exceeding six months, or a fine not exceeding ten thousand baht, or both.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
The elements are: (1) a prohibition order made by the court in its judgment under Section 50; and (2) violation of that order. Section 50 is the general-part power that lets a court, where the offense arose from carrying on a profession, occupation, or business, prohibit the offender from continuing that activity. Section 196 is the enforcement offense punishing breach of such a prohibition. A critical limiting point, confirmed by case law, is that the order must genuinely be one made under Section 50; a separate cessation order that is not a Section 50 prohibition does not support a Section 196 charge.
Why this matters in practice
Because liability turns entirely on there being a genuine Section 50 prohibition in the judgment, the first line of defense is often that the order relied on was not actually a Section 50 order (for example, an order to stop a business until licensed under separate legislation). Exposure is modest at up to six months, but repeated or continuing breaches can compound. Anyone whose sentence included a prohibition on practicing a trade or profession should confirm the exact legal basis of the order and take criminal law advice in Thailand before resuming the activity.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 2414/2521 (1978)
Section 196 applies only to breach of a prohibition order genuinely made under Section 50; an order to stop operating a business until licensed, not made under Section 50, cannot ground the offense.
The prior order requiring the defendant to stop operating his factory until licensed was held not to be an order under Section 50, so his continued operation was not an offense under Section 196.
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 kind of order does Section 196 protect?
A prohibition order the court makes under Section 50, typically barring an offender from continuing a profession, occupation, or business connected to the offense. Breaching that order is punished by Section 196.
Can any court order to stop a business trigger Section 196?
No. The order must genuinely be a prohibition under Section 50. Case law confirms that a separate order to stop operating a business, not made under Section 50, does not support a Section 196 charge.