Section 27 — Converting confinement to imprisonment
English translation
If a person under confinement violates the rules or regulations of the place of confinement, or violates a condition imposed by the court, or is subject to a judgment imposing imprisonment, the court may order that the punishment of confinement be changed to imprisonment for a term equal to the remaining period of confinement.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 27 is the enforcement backstop for the confinement regime built by Sections 23 to 26. It gives the court a sanction against a confined person who breaches the facility's rules or a court-imposed condition, or who receives an imprisonment sentence: the remaining confinement can be converted into an equal term of imprisonment. The conversion is measured by the confinement time still left, not the original full term. Because the power is the court's, questions have arisen historically over which court may order the conversion, underscoring that the change from confinement to prison is a judicial act, not an administrative one.
Why this matters in practice
The practical warning is clear: a confinement sentence is not a free pass. Breaching the facility's rules, breaking a court condition (for example leaving home confinement against the terms), or picking up a fresh prison sentence can convert the balance of confinement into actual imprisonment. Anyone serving confinement should treat the conditions seriously, because the downside of non-compliance is prison for the time that was left.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 403/2517 (1974)
Where a confined person breaches the rules of the place of confinement, Section 27 empowers the court to change the confinement into imprisonment; the case concerned the authority to make that conversion.
The officer in charge of the place of confinement reported that the defendant had breached its rules and discipline and appeared to be seeking a way to escape, and asked that the confinement be changed to imprisonment under Section 27. The defendant admitted the report was true, and the first court ordered the confinement changed to one year's imprisonment; the case turned on the authority to make that conversion.
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 happens if I break the rules during confinement?
Under Section 27, the court may change the remaining confinement into imprisonment for a term equal to the confinement time left if you violate the facility's rules or a court condition.
Who decides to convert confinement into imprisonment?
The court decides. Under Section 27, converting confinement into imprisonment is a judicial order, not an administrative act of the confinement facility.