Section 97 — Prescription for preventive detention
English translation
A prosecution seeking an order of preventive detention is barred by prescription after six months counted from the date of filing the case in which 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 97 fixes the prescription period for a request for preventive detention (kakkan), a measure for safety rather than an ordinary punishment. Unlike the tiers in Section 95, this period is a single flat six months, and it runs not from the offence but from the date the underlying case in which detention is sought is filed. It complements Section 100, which separately bars enforcement of a preventive detention order not carried out within three years. Read together, these provisions confine both the seeking and the enforcing of preventive detention to defined time windows, reflecting that such measures are directed at future risk and lose their justification if not pursued promptly.
Why this matters in practice
Preventive detention is an added measure on top of a sentence, so its short six-month prescription is a practical limit worth checking whenever the prosecution seeks it: if the request is not made within six months of filing the underlying case, it falls away. For a defendant already facing enhancement or habitual-offender allegations, confirming that any detention request is timely is a concrete point to raise. Because preventive detention interacts with recidivism and sentencing strategy, it is best assessed with counsel who can review the timeline; you can book a consultation.
Frequently asked questions
How long is the prescription period for seeking preventive detention?
Under Section 97 it is six months, counted from the date the case in which preventive detention is sought is filed.
Is preventive detention the same as a prison sentence?
No. Preventive detention is a safety measure aimed at future risk, not an ordinary punishment. Section 97 sets the deadline for seeking it, while Section 100 limits enforcing an order already made.