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Any person who has been sentenced and whose case is finalized may request a royal pardon from His Majesty the King, either directly or through the Minister of Justice. Prisoners may submit their request via the prison warden. The Minister of Justice is responsible for presenting such requests and advising the King, or may initiate a pardon recommendation independently. The Cabinet may also recommend a royal pardon.
For those sentenced to death, execution is delayed for 60 days after a final judgment. If a pardon request is submitted, execution is suspended for 60 days from when the Minister receives it. Such requests may only be made once. Likewise see also the articles on Thailand gay marriage for foreigners as well as the UK gay marriage visa as well.
Pardon requests for lesser sentences do not remove or reduce the sentence automatically but may lead to clemency. A second request can only be submitted two years after the first. An unconditional pardon ends punishment immediately, and fines paid are refunded. Conditional pardons (e.g., sentence reduction) do not erase obligations to return property or pay damages.
A prior pardon does not prevent increased penalties in future offenses. These rules also apply to requests for lighter or reduced sentences. Likewise see also the articles on our accounting services in Thailand as well as same sex partner visa UK and the probate lawyers Thailand as well.
Any person who has been sentenced to any punishment. Likewise someone with a related interest in the case. Once the case has been finalized and not on appeal. They may submit a request for a royal pardon to His Majesty. This request can also be submitted to the Minister of Justice.
A person imprisoned in prison can submit a request to the warden or prison commander. Upon receiving such a request. The warden or prison commander must issue a receipt and promptly send the matter to the Minister of Justice.
The Minister of Justice is responsible for presenting the request to the King. Likewise he will provide an opinion on whether a royal pardon should be granted. If there is no one to submit the request. Then the Minister of Justice may, at their discretion, advise the King to request a royal pardon for the convicted person.
If the Cabinet deems it appropriate. Then it may advise the King to request a royal pardon for the convicted person. Should the royal pardon is granted, it will be enacted as a royal decree.
Subject to Section 247 and Section 248.When the case is final, a person sentenced to death shall be executed after sixty days from the date of the verdict. However, if a request for a royal pardon is made, the execution will be suspended until sixty days have passed from the date the Minister of Justice receives the request or advice.If the request is withdrawn before the sixty-day period. Then the execution can proceed. Requests for royal pardons for those sentenced to death can only be made once.
Requests for a royal pardon for sentences other than death. These do not result in the reduction or removal of the punishment only a pardon.
Once a request for a royal pardon for a non-death sentence has been made. Then a reapplication cannot be made until two years have passed from the date of the previous application.
In the case of an absolute and unconditional pardon, the punishment will not be enforced. If some of the punishment has already been enforced, it will stop immediately. If a fine has already been paid, it will be refunded.
If the pardon merely changes the punishment to a lighter one, the remaining portion of the punishment may still be enforced.
A royal pardon does not exempt the person from having to return property or compensate for damages according to the judgment.
If a person who has received a royal pardon for one offense is later charged with committing another offense, the pardon does not prevent the court from increasing the punishment or suspending the punishment based on the criminal law relating to repeated offenses.
The provisions of this chapter shall apply mutatis mutandis to requests for changes from a heavier punishment to a lighter one or the reduction of punishment.
Lastly also see the articles called Costs, Enforcement of Judgements as well as Material Evidence.
In Thailand always check with a criminal law firm in Thailand for proper information. Likewise also see the divorce in Thailand article for those in a divorce with a need for child custody in Thailand. Likewise also look at Thailand hemp laws on here. Lastly also see the law firm in Thailand article. Lastly for those who work in Thailand see the work permit Thailand article as well.
The information contained in our website is for general information purposes only and does not constitute legal advices. For further information, please contact us.