Section 98 — Prescription of punishment enforcement
English translation
When a final judgment has been given to punish any person, if the judgment is not enforced within the following periods counted from the date the judgment becomes final, the punishment lapses and that person may no longer be punished:
(1) twenty years for the punishment of death, imprisonment for life, or imprisonment of twenty years;
(2) fifteen years for imprisonment of more than seven years but not reaching twenty years;
(3) ten years for imprisonment of more than one year but not exceeding seven years;
(4) five years for imprisonment of one year or less, or another punishment.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 98 sets prescription for the enforcement of punishment, distinct from Section 95 which limits prosecution. It runs from the date a judgment becomes final and, like Section 95, is tiered by severity, from five years for the lightest penalties up to twenty years for death, life, or twenty-year imprisonment. If the state does not carry out the sentence within the tier, the punishment lapses entirely. This matters most where a convicted person has evaded execution, for example by absconding, and it also governs suspended sentences, which must be brought to bear within the applicable period. Special statutes on corruption expressly borrow Section 98 to measure the lapse of punishment for those who flee after a final judgment.
Why this matters in practice
For a convicted person who has never been made to serve, Section 98 can end the matter: if enforcement does not happen within five to twenty years of the judgment becoming final, the punishment lapses and cannot be revived. This is a real defence when an old warrant surfaces years later, and it also caps how long a suspended sentence in an earlier case can be activated and stacked onto a new one. Note that some special laws suspend the running of this period while a defendant is in flight, so the calculation is not always mechanical. If an old sentence resurfaces, have counsel check whether Section 98 has already run; you can book a consultation.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 8244/2563 (2020)
Under Section 98(4), a punishment of one year or less must be enforced within five years of the final judgment, and enforcement within that period is timely.
The court held the enforcement period was five years from the final judgment under Section 98(4). Counting from when the Supreme Court judgment was read to the arrest, the period had not expired, so the warrant of imprisonment was valid.
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Supreme Court Judgment No. 1142/2565 (2022)
A suspended sentence in an earlier case remains subject to the enforcement prescription in Section 98, so it cannot be added to a later sentence once that period has lapsed.
The court held that although the sentencing court may add a previously suspended sentence to a new one, the earlier suspended sentence is still governed by the enforcement prescription in Section 98, so it could not be activated after that period had lapsed.
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Supreme Court Judgment No. 2659/2565 (2022)
Where a convicted person flees after a final judgment, Section 98 measures the lapse of punishment, and special anti-corruption rules may exclude the time spent in flight from that period.
The decision applied Section 98 to measure the lapse of punishment for defendants who fled after a final judgment, noting that under the special anti-corruption framework the period of flight is not counted as part of the prescription time.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
What happens if a sentence is not enforced in time?
Under Section 98, if the punishment is not enforced within the applicable period of five to twenty years from the final judgment, the punishment lapses and the person can no longer be punished.
Is Section 98 different from the prosecution time limit?
Yes. Section 95 limits how long there is to prosecute, while Section 98 limits how long there is to enforce a punishment after the judgment becomes final.