Section 48 — Custody in a medical facility
English translation
If the court is of the opinion that releasing a person who is mentally defective, psychotic, or of unsound mind would be unsafe to the public, the court may order that person to be sent for custody in a medical facility, and the custody shall continue until the court makes an order otherwise.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 48 is a safety measure addressing offenders who are mentally defective, psychotic, or of unsound mind. It is not punishment but public protection: the trigger is the court's opinion that release would be unsafe to the public. The person is placed in a medical facility rather than a prison, and the custody is open-ended, continuing until the court orders otherwise, which allows for release once treatment renders the person no longer dangerous. It connects with Section 65, under which such a person may be exempt from or receive reduced punishment for the offense itself; Section 48 governs what happens afterward.
Why this matters in practice
This measure can follow even an acquittal: a person found not criminally responsible because of a psychotic illness may still be committed to a psychiatric hospital if the court considers release unsafe. Because the custody is indefinite, medical evidence of recovery and of no continuing danger is central to obtaining release, and periodic review is the route out. Families and counsel should focus on treatment records and expert opinion rather than on the length of any prison term.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1226/2547 (2004)
Where a defendant suffering from a psychotic illness is acquitted, the court may still order under Section 48 that the person be committed to a psychiatric hospital until medically found recovered and no longer a danger to others.
The defendant, who suffered from a psychotic illness, held an unlicensed firearm and ammunition. The Court of Appeal reversed and dismissed the charge but, under Section 48, ordered the defendant sent for custody and treatment at a psychiatric hospital until doctors found the person recovered and able to rejoin society without danger to others.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Can a mentally ill person be held even after acquittal in Thailand?
Yes. Under Section 48, even where the person is not convicted, the court may order custody in a medical facility if it believes releasing the person would be unsafe to the public.
How long does custody under Section 48 last?
It is indefinite. The custody continues until the court makes an order otherwise, typically once medical evidence shows the person is no longer dangerous.