Section 37 — Enforcement of forfeiture orders
English translation
If a person whom the court has ordered to deliver forfeited property fails to deliver it within the time set by the court, the court has the power to order as follows:
(1) to seize that property;
(2) to have the value paid, or to seize other property of that person to pay the value;
(3) where the court is of the opinion that the person is able to deliver the property ordered to be delivered but does not do so, or is able to pay the value but does not pay, the court may order that person detained until compliance with the order, but not exceeding one year. However, if it later appears to the court itself, or on the submission of that person, that the person is unable to deliver the property or pay the value, the court may order the person released before the full term.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 37 supplies the enforcement machinery behind a forfeiture order where the property itself is not surrendered. Its three measures escalate: seizure of the item, substitution by paying or seizing assets for its value, and, only where the person can comply but will not, coercive detention capped at one year. The detention is compliance-driven, not punitive, so the court must release the person early if delivery or payment turns out to be genuinely impossible. It operates downstream of the forfeiture powers in Sections 32 to 34 and the vesting rule in Section 35.
Why this matters in practice
If a court has ordered you to hand over forfeited property, ignoring the order can escalate to seizure of that item, seizure of your other assets for its value, or detention of up to one year if the court finds you can comply but refuse. The key defense to detention is genuine inability: if you truly cannot deliver the property or pay its value, tell the court, which can order early release. Detention here enforces compliance and is not an additional criminal penalty.
Frequently asked questions
What if someone refuses to hand over property the court ordered forfeited?
Under Section 37 the court may seize the property, order its value paid or seize other assets, or detain a person who can comply but refuses for up to one year.
Can you be jailed for not surrendering forfeited property?
Only if the court finds you are able to comply but will not; the detention lasts up to one year and ends early if compliance becomes genuinely impossible.