Enforcement of Judgements and Cost

Section 245

Subject to Sections 246, 247, and 248, once the case is final. Then the judgment must be enforced without delay. The Court of First Instance has the duty to submit the case file for the death penalty or life imprisonment. This goes to the Appeal Court when there is no appeal of that judgment, and such judgment is not yet final. However, the judgment will become final once the Appeal Court has upheld the decision.

Section 246

When the defendant, their spouse, relatives, the public prosecutor, the prison commander, or the official in charge of the imprisonment warrant requests, or when the court deems it appropriate, the court has the power to order a stay of imprisonment until the mitigating reasons have disappeared. This may apply in the following cases:

1. The defendant is insane;

2. The defendant’s life is at risk if imprisoned;

3. The defendant is pregnant;

4. The defendant has given birth within the last three years and must raise the child.

During the stay of imprisonment. The court may order that the defendant be kept under control in an appropriate place other than prison. Likewise a place specified in the imprisonment warrant. The court shall designate the official responsible for executing the warrant to carry out the order. The characteristics of “appropriate places” under paragraph two shall be prescribed in the Ministerial Regulations.

These must determine control and treatment methods that are suitable for the defendant’s condition and measures to prevent escape or any harm. If the defendant fails to comply with the methods or measures according to paragraph three, or if circumstances change, the court has the power to alter the order or execute the imprisonment warrant.The number of days the defendant is kept under control. This as per this section will be deducted from the sentence.

Section 247

In cases where the defendant is sentenced to death. Then the judgment cannot be enforced until the provisions of this Code regarding pardon have been complied with.

If a woman is sentenced to death and is pregnant, execution must be postponed until three years have passed since the birth of the child. During this period, the death penalty will be reduced to life imprisonment, except when the child dies before the period ends. The woman shall raise her child in a suitable place within the prison during the three years following birth. Execution will be carried out in the district and at a time deemed appropriate by the authorities.

Section 248

If a person sentenced to death is found to be insane before the execution, the execution must be postponed until the person recovers. While the execution is postponed, the court has the power to invoke Section 46, paragraph (2) of the criminal law to enforce the judgment. If the insane person recovers after one year from the final judgment, the death penalty shall be reduced to life imprisonment.

Section 249

Judgments or orders for the return or use of the value of property, compensation, or fees will be enforced according to the provisions of the Civil Procedure Code.

Section 250

Unless the judgment specifies otherwise, all individuals who have been sentenced and punished for committing the same offense must be jointly and severally liable for the return or use of the property price or compensation.

Section 251

If property must be seized to pay court fees, property price adjustments, or compensation, but the defendant’s assets are insufficient to cover all claims, the assets shall be used in the following order:

1. Fees

2. Property price or compensation

3. Fines