Section 43 — Filing for preventive detention
English translation
The filing of a prosecution seeking preventive detention is exclusively the power of the public prosecutor, and it may be filed together with the case in which the preventive detention is sought.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 43 sits in the Book on Punishments and Measures of Safety and governs who may seek the safety measure of preventive detention. It reserves that power to the public prosecutor alone, so a private prosecutor or injured person cannot ask the court for detention as a safety measure. The request may be joined to the main prosecution or, by implication, brought in connection with it. Preventive detention is a measure of safety distinct from the ordinary punishment of imprisonment, aimed at habitual offenders.
Why this matters in practice
If you are a private complainant, you cannot ask the court for preventive detention; that request rests solely with the public prosecutor, so raise the concern with the prosecution rather than filing it yourself. For anyone facing a detention request, note that preventive detention is a safety measure imposed on top of the sentence and turns on a record of habitual offending. Early advice from a Thai lawyer helps assess exposure before charges are joined.
Frequently asked questions
Who can request preventive detention in Thailand?
Under Section 43, only the public prosecutor may file for preventive detention. A private complainant or injured person cannot ask the court for this safety measure.
Can the detention request be filed with the main criminal case?
Yes. Section 43 allows the prosecutor to file the request for preventive detention together with the case in which detention is sought.