Section 36 — Return of forfeited property to owner
English translation
In a case where the court has already ordered forfeiture of property under Section 33 or Section 34, if it later appears, on the submission of the true owner, that the true owner did not connive in the commission of the offense, the court shall order the property returned, provided the property still remains in the possession of an official.
However, the true owner's submission must be made to the court within one year from the date the judgment becomes final.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 36 is the innocent-owner remedy for discretionary forfeitures under Sections 33 and 34. A true owner who did not connive in the offense may petition for the property's return, but only while it is still in official possession and only within one year from the date the judgment became final. Case law treats this one-year period as a limitation on the substantive right to reclaim, not a mere procedural step, so a claim filed late is barred outright. The finality date, from which the year runs, is fixed by when the parties' appeal rights expire.
Why this matters in practice
If your property was forfeited because someone else used it in a crime, Section 36 is your route to recover it, but two conditions are strict: the property must still be held by officials, and you must file within one year of the judgment becoming final. Miss the deadline and the right is lost, so calculate finality carefully from when appeal rights expired. Be ready to prove you are the true owner and did not connive in the offense.
Supreme Court decisions interpreting this section
-
Supreme Court Judgment No. 13/2565 (2022)
Under Section 36, a true owner who did not connive in the offense may petition the court to return forfeited property within one year of the judgment becoming final, and finality is calculated from when the defendant's right to appeal expires.
The Supreme Court explained that a true owner not complicit in the offense may reclaim forfeited property under Section 36 within one year of finality, and computed the finality date from the expiry of the defendant's appeal period following the trial court's forfeiture order.
-
Supreme Court Judgment No. 2311/2567 (2024)
The one-year period in Section 36 for petitioning to recover forfeited property is a period for exercising a substantive right, not a procedural time limit governing the conduct of proceedings.
The Supreme Court characterized the one-year period in Section 36 as a period for exercising the right to seek return of seized property, distinct from procedural time limits, when reviewing a claim filed after the one-year deadline had run from finality.
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 recover property forfeited because someone else committed a crime?
Yes, if you are the true owner and did not connive, Section 36 lets you petition for return within one year of the judgment becoming final.
What is the deadline to reclaim forfeited property?
One year from the date the judgment becomes final; case law treats this as a strict limit that bars late claims.
Does the property have to still be available?
Yes. Section 36 return is only possible while the property remains in the possession of an official.