Section 39 — Measures of safety listed
English translation
The measures of safety are as follows:
(1) detention;
(2) prohibition from entering a specified area;
(3) requiring a bond for keeping the peace;
(4) custody in a medical facility;
(5) prohibition from engaging in certain occupations.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 39 enumerates the five measures of safety in Thai criminal law. Unlike punishments, these are preventive and forward-looking, aimed at averting future harm rather than penalizing a past act, and they can be imposed alongside or instead of punishment where the relevant provisions allow. The list is defined and elaborated in the sections that follow, notably Section 40, which defines detention, and Sections 41 to 42, which set the habitual-offender criteria and the calculation of the detention period. Their preventive character means they can be ordered even in situations where a punishment cannot.
Why this matters in practice
Measures of safety can attach to a criminal case in addition to any sentence, so a defendant may face not only punishment but preventive orders such as detention, an area ban, a peace bond, medical custody, or an occupational ban. Because they are preventive rather than punitive, they are triggered by the risk of future offending, so the record and circumstances of the accused matter. Prosecutors often request these measures in the charge, so review them early when assessing exposure.
Frequently asked questions
What are the measures of safety in Thai criminal law?
Section 39 lists five: detention, prohibition from a specified area, a peace bond, custody in a medical facility, and prohibition from certain occupations.
Are measures of safety the same as punishment?
No. They are preventive measures aimed at averting future offending and can be imposed alongside or instead of a punishment.