Section 35 — Forfeited property vests in State
English translation
Property that the court orders to be forfeited shall vest in the State, or the court shall order it to be destroyed or rendered unusable.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 35 states the legal effect of any forfeiture ordered under Sections 32 to 34: title passes to the State, or the court may direct destruction or disabling of the item where retaining it is inappropriate. Case law establishes that this vesting does not take effect the moment the trial court orders forfeiture; it operates only once the judgment becomes final, so ownership can still be dealt with while appeal remains possible. After finality, a person who acquired the item afterward is not its owner, and an innocent true owner's only route to recovery is Section 36.
Why this matters in practice
Once a forfeiture judgment is final, the item belongs to the State and buying or receiving it afterward gives you no ownership. Timing is critical: the trial court's order alone does not immediately transfer title, so rights can still change while an appeal is open. If you are the genuine owner and were not complicit, do not rely on Section 35, act under Section 36 within one year of finality to seek return.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 11277/2553 (2010)
When a forfeiture judgment becomes final, ownership of the forfeited item vests in the State under Section 35; a person who acquired the item after the offense and after the forfeiture order is not its owner.
A hire-purchase claimant sought return of a forfeited motorcycle, but the Supreme Court held that because the forfeiture judgment was final, ownership had already vested in the State under Section 35, and the claimant, who took title only after the offense and forfeiture order, was not the owner.
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Supreme Court Judgment No. 1819/2546 (2003)
A trial court's order forfeiting property does not immediately vest it in the State under Section 35 while the case is not yet final; ownership may still be transferred during that time, but a claim for return filed more than one year after finality is barred under Section 36.
The Supreme Court held that forfeiture of a car did not make it State property under Section 35 immediately, because the case was not yet final, so a finance company could validly transfer ownership meanwhile; however, the claimant's request for return, filed more than one year after finality, was time-barred under Section 36.
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 to forfeited property in Thailand?
Under Section 35 it vests in the State, or the court may order it destroyed or rendered unusable.
When does forfeited property become State property?
Case law holds that title vests only when the judgment becomes final, not at the moment the trial court orders forfeiture.
Can I keep property I bought that was later forfeited?
If the forfeiture judgment became final, the property is the State's and a later buyer acquires no ownership.