Section 79 — Case ended by paying maximum fine
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.
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.