Section 31 — Fines imposed per offender
English translation
Where the court is to pass judgment imposing a fine on several offenders for the same offense in the same case, the court shall impose the fine on the offenders individually per person.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
This general-part rule sets how fines apply to multiple offenders: each convicted person bears the fine individually, so a single statutory fine is imposed on every co-offender rather than divided among them. It sits alongside the forfeiture and fine-enforcement provisions in the Punishments title. The rule yields where a special statute prescribes a different method, for example a fine fixed as a multiple of the value of goods, in which case the special law prevails over Section 31.
Why this matters in practice
If you are one of several co-defendants facing a fine, expect the full statutory fine to apply to you personally, not a shared portion. This matters most for fine exposure in group cases: total fines can multiply across defendants. Where a special act sets the fine as a multiple of the goods' value, that act, not Section 31, controls, which can reduce or reshape individual exposure.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 4470/2544 (2001)
Section 31's rule of fining co-offenders individually does not apply where a special statute, such as the Customs Act, fixes the fine as a multiple of the value of the goods and expressly prevails over other laws; applying Section 31 there would exceed the statutory penalty.
In a customs smuggling case, the Supreme Court held that because the Customs Act fixed the fine as a multiple of the value of the goods and expressly prevailed over other laws, Section 31's rule of fining each co-offender individually could not be applied, as doing so would impose a fine exceeding the statutory limit.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
If several people commit one offense, is the fine shared or per person?
Under Section 31, the fine is imposed on each offender individually per person, not divided among them.
Does Section 31 always apply to co-offenders?
No. If a special law sets a different fining method, such as a multiple of the value of goods, that special law prevails over Section 31.