Section 32 — Forfeiture of unlawful property
English translation
Any property that the law provides is an offense to make or to possess shall be wholly forfeited, whether or not it belongs to the offender and whether or not there is any person punished under the judgment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 32 mandates absolute, in rem forfeiture of things whose very making or possession is criminal, such as narcotics or unlicensed weapons. Unlike the discretionary forfeiture in Section 33, this forfeiture is compulsory ('shall be wholly forfeited') and does not depend on ownership or on any conviction, because the objects are unlawful in themselves. It works with Section 35, under which forfeited property vests in the State or is destroyed. Courts must order forfeiture of such items even when correcting a lower court that omitted it.
Why this matters in practice
You cannot recover items that are unlawful to possess in the first place, even if you claim ownership or the case ends without a conviction: Section 32 forfeiture is automatic and in rem. It most often reaches firearms, ammunition, and drugs and their penalties in Thailand when seized as evidence. Arguing lack of knowledge does not save property that is illegal in itself, unlike the innocent-owner protection available for ordinary instrumentalities under Sections 33 and 36.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7491/2568 (2025)
A firearm that is unlawful to possess is property that must be forfeited under Section 32; the court may order its forfeiture even when correcting an error in the lower court's judgment.
In an unlicensed-firearm case, the Supreme Court corrected the judgment and ordered the seized firearm forfeited, holding that a firearm which is unlawful to possess is property that must be forfeited under Section 32.
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 I get back a firearm or drugs seized as evidence?
No. Under Section 32, property that is illegal to make or possess must be forfeited entirely, regardless of ownership or whether anyone is convicted.
Does Section 32 forfeiture require a conviction?
No. The forfeiture applies to unlawful property whether or not any person is punished under the judgment.
What is the difference between Section 32 and Section 33 forfeiture?
Section 32 is mandatory for property that is unlawful in itself; Section 33 is discretionary for property used in or obtained from a crime.