Section 38: Death extinguishes punishment

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 10488/2558 (2015)

   Where the defendant dies during proceedings, the punishment under the lower courts' judgments is extinguished under Section 38, and heirs may reclaim a fine already paid.

   After the defendant died during the Supreme Court's consideration, the court held that the punishment under the lower courts' judgments was extinguished under Section 38, so the heir who had paid the fine was entitled to a refund.

2. Supreme Court Judgment No. 2171/2554 (2011)

   The death of the accused ends the right to prosecute under Criminal Procedure Code Section 39(1) and extinguishes punishment under Section 38, but property that is unlawful to possess must still be forfeited in its entirety under Section 32, whether or not it belongs to an offender and whether or not anyone is punished.

   The defendant charged with the firearm offence died during the proceedings, which ended the right to prosecute him under Criminal Procedure Code Section 39(1) and extinguished punishment under Section 38, and the case against him was struck out. The Court of Appeal treated the forfeiture application as lapsing with it. Sitting en banc, the Supreme Court disagreed in part: an unregistered firearm, and a magazine which counts as a firearm under the Firearms Act, are property unlawful to possess, and Section 32 requires such property to be forfeited in its entirety whether or not it belongs to an offender and whether or not anyone is punished. Forfeiture of the firearm and magazine was therefore ordered. The canvas holster, not being unlawful to possess, was correctly returned to its owner.

3. Supreme Court Judgment No. 4418/2548 (2005)

   Because the defendant had died and the right to prosecute had lapsed, the punishment was extinguished under Section 38, and a pickup truck used only as transport and not directly in the offense should not have been forfeited.

   The Supreme Court held that forfeiting a deceased defendant's pickup truck was improper, since his death extinguished punishment under Section 38 and the truck was used only as transport, not directly in committing the offense; it ordered the truck returned to its owner.

Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.