Section 30 — Detention in lieu of a fine
English translation
Detention in lieu of a fine shall be at the rate of two hundred baht per day, and in no case shall the detention exceed one year; except that where the court imposes a fine of eighty thousand baht or more, the court may order detention in lieu of the fine for a period exceeding one year but not exceeding two years. If the person sentenced to a fine was detained before the court's judgment, the number of days of such detention shall be deducted from the amount of the fine at the said rate; where the court imposes both imprisonment and a fine, the days of detention shall first be deducted from the imprisonment under Section 22, and only the remainder shall be deducted from the fine.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 30 completes the fine-enforcement scheme by fixing the exchange rate and ceilings for detention in lieu of a fine: two hundred baht per day, capped at one year, or up to two years when the fine is eighty thousand baht or more. The rate lets any fine be translated into a maximum number of detention days. The second paragraph coordinates with Section 22 on credit for pre-judgment custody: detention already served is credited against the fine at the same daily rate, but where the sentence includes both imprisonment and a fine, the custody is applied to the imprisonment first and only the remainder reduces the fine. This ordering ensures a defendant is not shortchanged when both penalties are imposed.
Why this matters in practice
This section lets you calculate the worst case for an unpaid fine: divide the fine by two hundred baht per day to see the maximum detention, subject to the one-year cap (two years for fines of eighty thousand baht or more). If you were held before judgment, insist that those days be credited, against the imprisonment first and then the fine where both are imposed. Because detention in lieu is capped and creditable, and instalments or community service may be available, defaulting is rarely the best option; take advice before letting a fine go unpaid.
Frequently asked questions
How is detention in lieu of a fine calculated?
Under Section 30, detention in lieu of a fine is counted at two hundred baht per day, so the fine is divided by that rate to find the number of days, subject to the caps.
What is the maximum detention for an unpaid fine?
Detention in lieu of a fine cannot exceed one year, except that where the fine is eighty thousand baht or more, the court may order up to two years.
Is pre-judgment detention credited against a fine?
Yes. Under Section 30, pre-judgment detention is credited at the same daily rate, but where both imprisonment and a fine are imposed, it is deducted from the imprisonment first and only the remainder from the fine.