Section 40 — Definition of detention
English translation
Detention is the confining of a habitual offender within a specified area in order to prevent the commission of offenses, to reform character, and to provide occupational training.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 40 defines detention, the first measure of safety listed in Section 39. Its stated purposes, preventing further offenses, reforming character, and vocational training, mark it as preventive and rehabilitative rather than punitive, which is why it is directed at habitual offenders rather than ordinary offenders. The conditions for imposing detention on a habitual offender are set out in Section 41, and the calculation of its duration in Section 42. It is distinct from confinement, which is a punishment, and from imprisonment, despite the physical similarity.
Why this matters in practice
Detention only applies to those the court treats as habitual offenders, so it is not a risk in an ordinary first case. Because it is preventive and can run in addition to imprisonment, a person with a qualifying record can face detention of several years after serving the prison term. If the prosecution seeks detention, the fight is over whether the habitual-offender criteria in Section 41 are met, not over the definition itself.
Frequently asked questions
What is detention (kak kan) under the Thai Penal Code?
Section 40 defines it as confining a habitual offender within a specified area to prevent offending, reform character, and provide vocational training.
Is detention the same as imprisonment?
No. Detention is a preventive measure of safety for habitual offenders, distinct from imprisonment and from confinement as a punishment.