Section 79: Case ended by paying maximum fine
Statutory text (Thai original)
ในคดีที่มีโทษปรับสถานเดียว ถ้าผู้ที่ต้องหาว่ากระทำความผิด นำค่าปรับในอัตราอย่างสูงสำหรับความผิดนั้นมาชำระก่อนที่ศาลเริ่มต้นสืบพยาน ให้คดีนั้นเป็นอันระงับไป
English translation
In the case of an offence for which the law prescribes only a fine, if the offender pays the fine at the maximum rate for that offence before the court begins to take evidence, the case shall be terminated.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
This provision in Book 1, Title on Criminal Liability, applies narrowly and only to offences for which the sole prescribed punishment is a fine, with no possibility of imprisonment. Two conditions must both be met: the offender pays at the maximum rate of fine set for the offence, and the payment is made before the court begins to take evidence. When both are satisfied the case is terminated by operation of law, without a finding of guilt after trial. It is a mechanism of early disposal rather than mitigation, so it does not overlap with the reductions in sections 75, 76 or 78, which presuppose a punishment being imposed after conviction. Note that in practice some Supreme Court decisions cite the number 79 where the reference is in fact to the mitigation provision in section 78; the two should not be confused.
Why this matters in practice
For minor, fine-only charges this section can end the matter quickly and cleanly: pay the top fine before evidence is taken and the case is over, avoiding a full hearing. The trade-off is paying at the maximum rate rather than a negotiated lower figure, so it suits cases where the fine is modest and speed and closure are worth more than arguing the amount down. It is unavailable the moment any imprisonment is possible for the offence, or once the court has started taking evidence, so timing is critical.
Cited in 7 Supreme Court decisions (1990 to 2012)
Selected citing decisions
- Decision 577/2552 (2009)
- Decision 8286/2551 (2008)
- Decision 4924/2547 (2004)
- Decision 22722/2555 (2012)
- Decision 13876/2555 (2012)
- Decision 5247/2545 (2002)
- Decision 1166/2533 (1990)
This list is selected automatically, weighted towards judgments that turn on this section rather than ones that merely recite it when passing sentence. It has not yet been reviewed by the firm.
Most often cited alongside
- Section 91 6
- Section 78 6
- Section 29 4
- Section 30 4
- Section 32 3
- Section 33 3
Sections that appear in the same judgments as this one most often. The figure is the number of decisions.
Counted across the firm's corpus of 83,652 Supreme Court decisions, 1921 to 2026. The count is complete; the stated year range trims rare outliers so it describes where the citations actually sit. These figures are computed by us and are not official court statistics. How we count these, and what we measured
Frequently asked questions
How can a fine-only case be ended without a trial in Thailand?
Under section 79, if the offender pays the fine at the maximum rate for the offence before the court begins to take evidence, the case is terminated. It applies only where the sole punishment is a fine.
Does section 79 apply if the offence can also carry imprisonment?
No. Section 79 applies only to offences for which the law prescribes a fine as the sole punishment. If imprisonment is possible, the case cannot be terminated this way.
Related guides on ThaiLawOnline
Cite this section
-
Plain citation
Penal Code, s. 79 (Thailand) -
Academic citation
Penal Code (Thailand), s. 79. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-79/ (accessed 17 August 2026). -
Thai citation
ป.อ. มาตรา 79 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-79/ -
Embed on your site
<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-79/"><p>In the case of an offence for which the law prescribes only a fine, if the offender pays the fine at the maximum rate for that offence before the court begins to take evidence, the case shall be terminated.</p><footer>Penal Code, s. 79 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-79/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.