Section 99: Time limit for enforcing a fine
Statutory text (Thai original)
การยึดทรัพย์สินหรืออายัดสิทธิเรียกร้องในทรัพย์สินเพื่อใช้ค่าปรับหรือการกักขังแทนค่าปรับ ถ้ามิได้ทำภายในกำหนดห้าปีนับแต่วันที่ได้มีคำพิพากษาถึงที่สุด จะยึดทรัพย์สินอายัดสิทธิเรียกร้องในทรัพย์สิน หรือกักขังไม่ได้ ความในวรรคหนึ่งมิให้ใช้บังคับในกรณีการกักขังแทนค่าปรับซึ่งทำต่อเนื่องกับการลงโทษจำคุก
English translation
Seizure of property or detention in lieu of a fine, if not carried out within five years from the date the judgment becomes final, lapses as to the punishment. However, if the detention in lieu of a fine continues from and follows on a term of imprisonment, it is not subject to this provision.
This English translation is provided for reference only and has not yet been firm-verified. Always rely on the Thai original.
Firm annotation
Section 99 sets a specific five-year prescription for enforcing a fine, whether by seizure of property or by detention in lieu of the fine, running from the date the judgment becomes final. It is narrower than the general enforcement rule in Section 98 and targets the financial penalty. There is one carve-out: where detention in lieu of a fine runs on directly from a term of imprisonment, the five-year limit does not apply, because that detention is already being served in sequence. The provision reflects that the state's power to seize a convicted person's property to satisfy a fine is not open-ended and must be exercised within the defined window.
Why this matters in practice
If you were fined and the court did not seize property or detain you in lieu within five years of the judgment becoming final, that enforcement lapses under Section 99. This is a practical point where a long-dormant fine is suddenly pursued: the seizure or detention must have been carried out in time. The exception is where detention in lieu of a fine simply continued after a prison term, which stays outside the limit. Because enforcement dates and the sequence of detention can be technical, it is worth having the timeline reviewed; you can book a consultation to check whether the five years have run.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 1579/2521 (1978)
The court may enforce a fine by seizing property within five years under Section 99, and it has discretion to defer immediate seizure within that period where immediate sale would cause loss.
The court held that under Section 99 property may be seized to satisfy a fine within five years of the final judgment, and that it could exercise discretion to defer immediate seizure within that period where selling assets at once would only cause loss, given the very large fine involved.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Cited in 4 Supreme Court decisions (1978 to 2015)
Selected citing decisions
- Decision 12464/2558 (2015)
- Decision 2052/2533 (1990)
- Decision 3711/2534 (1991)
- Decision 1579/2521 (1978)
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.
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 long can the state enforce a fine?
Under Section 99, seizure of property or detention in lieu of a fine must be carried out within five years of the judgment becoming final, otherwise the enforcement lapses.
Does the five-year limit apply to detention that follows a prison term?
No. Section 99 excludes detention in lieu of a fine that continues on directly from a term of imprisonment, which is not subject to the five-year limit.
Related guides on ThaiLawOnline
Cite this section
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Plain citation
Penal Code, s. 99 (Thailand) -
Academic citation
Penal Code (Thailand), s. 99. ThaiLawOnline, https://www.thailawonline.com/thai-penal-code/section-99/ (accessed 17 August 2026). -
Thai citation
ป.อ. มาตรา 99 -
Permalink
https://www.thailawonline.com/thai-penal-code/section-99/ -
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<blockquote cite="https://www.thailawonline.com/thai-penal-code/section-99/"><p>Seizure of property or detention in lieu of a fine, if not carried out within five years from the date the judgment becomes final, lapses as to the punishment. However, if the detention in lieu of a fine continues from and follows on a term…</p><footer>Penal Code, s. 99 (Thailand) — <a href="https://www.thailawonline.com/thai-penal-code/section-99/">ThaiLawOnline</a></footer></blockquote>
The Thai text is authoritative. The English is an unofficial translation by ThaiLawOnline, free to reuse with attribution.