Section 33 — Forfeiture of crime instruments and proceeds
English translation
In forfeiting property, in addition to the court's power to order forfeiture under laws specifically provided, the court shall also have the power to order forfeiture of the following property, namely:
(1) property that a person has used, or has possessed for use, in committing an offense, or
(2) property that a person has obtained by committing an offense,
except where such property belongs to another person who did not connive in the commission of the offense.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 33 is the general discretionary forfeiture power over the instrumentalities and proceeds of crime: item (1) covers property used or intended for use in the offense, and item (2) covers property gained from it. Unlike the mandatory in rem forfeiture in Section 32, this is discretionary ('shall have the power'), and it carves out property of an innocent third party who did not connive in the offense. Courts weigh whether the item was truly used in committing the offense rather than incidentally, and may forfeit to prevent reoffending and as a deterrent. Section 36 lets a genuinely uninvolved owner reclaim property forfeited under this section.
Why this matters in practice
If your vehicle, phone, or cash is linked to an offense, the court may forfeit it under Section 33, but the power is discretionary and does not reach property of a genuinely uninvolved owner. Courts distinguish items used directly in the crime from those with only an incidental connection, so showing the item was not an instrument of the offense is a real defense. A third-party owner who did not connive can also seek return under Section 36 within one year of the judgment becoming final.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 719/2568 (2025)
Property that is not used generally but is used directly in committing the offense should be forfeited under Section 33(1), both to deny the offender the means to reoffend and as a deterrent to others.
In an immigration offense case involving transport of a non-national, the Supreme Court ordered the car forfeited under Section 33(1), reasoning that it was used directly to commit the offense, so forfeiture would prevent reuse for the same crime and deter others.
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 forfeit a car or phone used in a crime?
Yes. Under Section 33(1), property used or held for use in committing an offense may be forfeited at the court's discretion.
Can proceeds of a crime be forfeited?
Yes. Section 33(2) allows forfeiture of property obtained by committing the offense.
What if the property belongs to someone not involved?
Section 33 does not reach property of another person who did not connive in the offense, and such an owner may seek return under Section 36.