Section 55 — Short imprisonment of three months or less
English translation
If the imprisonment that the offender is to receive is only three months or less, the court may fix a lesser term of imprisonment; or if the offender is to receive imprisonment of only three months or less together with a fine, the court may fix a lesser term of imprisonment, or may waive the imprisonment and impose only the fine.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 55 gives the court discretion to soften very short custodial sentences, reflecting a policy that brief imprisonment can do more harm than good. It applies only where the imprisonment to be imposed is three months or less. In that situation the court may reduce the term further; and where the sentence combines such a short term with a fine, the court may either reduce the imprisonment or waive it and impose the fine alone. The power is discretionary, so an appellate court may disagree with how it was exercised, and it operates independently of the mitigation reductions in Sections 52, 53, and 78.
Why this matters in practice
For minor offenses this section can keep a defendant out of prison entirely, since a short term with a fine may be converted to a fine alone. But the power is discretionary, and higher courts have restored the imprisonment where they considered a fine-only outcome too lenient for the conduct, as in defamation cases. If you face a short sentence, well-supported mitigation on your background and the nature of the offense is what persuades a court to use Section 55; consider early legal advice.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 7256/2567 (2024)
Waiving a short imprisonment and imposing only a fine under Section 55 is discretionary and may be reversed on appeal where the appellate court considers a fine alone too lenient for the offense.
For defamation under Section 328 the Court of Appeal imposed three months imprisonment and a 1,000 baht fine, then waived the imprisonment under Section 55. The Supreme Court disagreed with waiving it and restored the three-month term, though it suspended the sentence.
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Supreme Court Judgment No. 762/2556 (2013)
Where imprisonment is three months or less together with a fine, Section 55 permits the court to waive the imprisonment and impose the fine alone.
In an entertainment venue offense the Court of Appeal waived the imprisonment under Section 55 and imposed only a fine, later reduced by half for the mitigating circumstance under Section 78.
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Supreme Court Judgment No. 164/2553 (2010)
Where each imprisonment term is only three months, Section 55 lets the court exercise discretion to reduce the imprisonment further.
Facing sentences of three months per count, the Supreme Court used its discretion under Section 55 to reduce each term, imposing fourteen days per count over seventeen counts.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
When can a Thai court waive a short prison term?
Under Section 55, where the imprisonment is three months or less and comes with a fine, the court may waive the imprisonment and impose only the fine, or may simply shorten the term.
Is waiving imprisonment under Section 55 automatic?
No. It is discretionary. Higher courts may restore the imprisonment if they consider a fine-only outcome too lenient for the offense.