Section 199 — Removing a detainee from official control
English translation
Whoever removes a person held in confinement under the authority of a court, a public prosecutor, or an inquiry official from the control of the official having the duty of control, or assists such person held in confinement to escape from that control, shall be liable to imprisonment not exceeding five years, or a fine not exceeding one hundred thousand baht, or both.
If the offender is himself the person having the duty of controlling the person held in confinement, he shall be liable to imprisonment not exceeding seven years, or a fine not exceeding one hundred and forty 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 person held in confinement under a court, prosecutor, or inquiry official; and (2) either removing that person from the controlling official or assisting the person to escape from control. It overlaps with Section 191 (freeing a person from confinement) but focuses on taking the detainee out of an official's active control, and it contains an aggravated second paragraph applying where the offender is the very officer with the duty to control the detainee, reflecting the breach of trust. It sits in the Title on Offences against Judicial Officials, protecting secure custody. The higher penalty for the controlling officer marks the abuse of an official position of responsibility.
Why this matters in practice
Exposure is significant, up to five years, and up to seven years where the accused is the officer responsible for the detainee, so this is a serious charge for police, guards, and escorting officers as well as outsiders. The confinement must have been lawful and the detainee within an official's control for the offense to arise. Where the accused is a controlling officer, the same facts often also raise malfeasance-in-office issues. Because the offense stacks on top of any underlying matter and, for officers, carries career-ending consequences, early criminal law advice in Thailand is essential.
Frequently asked questions
How is Section 199 different from Section 191?
Both concern releasing a person from lawful custody. Section 199 focuses on removing a detainee from the official actively controlling them or helping them escape that control, and adds a heavier penalty where the offender is the officer responsible for the detainee.
Why is the penalty higher when a guard or officer is involved?
The second paragraph of Section 199 raises the penalty to up to seven years where the offender is the very officer with the duty to control the detainee, reflecting the abuse of an official position of trust.