Section 20 — Discretion to impose imprisonment only
English translation
Where the law prescribes both imprisonment and a fine, the court may, if it deems appropriate, impose only imprisonment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 20 is a general-part sentencing provision. It softens statutes that appear to command both imprisonment and a fine by giving the court discretion to drop the fine and impose imprisonment alone where appropriate. The Supreme Court has clarified three points: the provision confers discretion and is not itself a charging or penalty-creating clause, so a judgment is not defective merely for failing to cite it; the discretion cannot override a special statute (such as the drug laws) that expressly requires both imprisonment and a fine; and choosing imprisonment alone can have knock-on effects, for example defeating a bounty award that must be calculated from an imposed fine.
Why this matters in practice
This section is a mitigation lever: where a charge carries both imprisonment and a fine, a defendant can ask the court to impose imprisonment only, which matters most when a fine would be a heavy financial burden. But it is discretionary and does not apply where a special statute mandates both penalties, as the drug laws do. Presenting the right personal and financial circumstances can support such a request. For tailored advice on sentencing options, consider an online consultation with a Thai lawyer.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 33/2568 (2025)
Section 20 is a general provision and cannot be used to waive the fine where a special drug statute requires both imprisonment and a fine; the special law must be applied and a fine imposed as well.
In a methamphetamine distribution case, the Court held that even though it could reduce the penalty below the statutory minimum under a favorable earlier provision, it still had to impose both imprisonment and a fine because the special drug law required both; the general discretion in Section 20 could not be used to omit the fine. It could not, however, correct the appellate omission because the prosecution had not appealed and doing so would increase the penalty.
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Supreme Court Judgment No. 3961/2563 (2020)
Where a statute prescribes both imprisonment and a fine, the court may under Section 20 impose imprisonment alone; but a bounty for the informer, which must be calculated from the fine, cannot be awarded if no fine is imposed.
The Court read the gambling statute as prescribing both imprisonment and a fine but not commanding both in every case, so under Section 20 the court could impose imprisonment alone where appropriate. It added that a bounty for the informer under the gambling law can only be ordered when a fine is imposed, because the bounty is calculated from the amount of the fine; where the appellate court imposed imprisonment only, no bounty could be paid.
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Supreme Court Judgment No. 3584/2557 (2014)
Section 20 is a provision conferring judicial discretion to impose imprisonment alone, not an offense-defining or penalty-defining provision; a judgment is not unlawful merely because it omits to cite Section 20.
The prosecution argued that the judgment was defective for not citing Section 20. The Court held that Section 20 merely empowers the court to exercise discretion to impose imprisonment alone where a law prescribes both imprisonment and a fine; it is not a provision defining an offense or a penalty, so failure to cite it does not make the judgment unlawful.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can the court impose imprisonment without the fine?
Yes. Under Section 20, where the law prescribes both imprisonment and a fine, the court may, in its discretion, impose only imprisonment.
Does Section 20 apply to drug offenses?
No. The Supreme Court has held that special statutes such as the drug laws, which require both imprisonment and a fine, override the general discretion in Section 20.