Page:พรบ แก้ไขเพิ่มเติม ปอ (๒๕) ๒๕๖๙.pdf/2

 The following stipulations shall be inserted in the Penal Code as section 29/1:

""In the event that a person fined fails to pay the fine within the term under section 29, paragraph 1, the court shall have the power to issue a writ of execution in order to seize property or attach claims over property to cover the fine.

As for the execution under paragraph 1, the Civil Procedure Code of shall apply mutatis mutandis, in respect of which court officers as may be appointed and public prosecutors shall bear the powers and duties to carry the execution out and execution officers shall bear the powers and duties to seize property or attach claims over property of the person fined and sell them at public auction according to notifications received from the court or public prosecutors. However, no state agency shall demand payment of costs or outlays from the persons carrying the execution out.

For the execution under paragraph 2, detection by a public prosecutor of property of the person fined shall conform to the criteria, procedure, and conditions designated in regulations of the Attorney General.

The provisions of this section do not affect the court in issuing an order according to section 29, paragraph 1.""

The stipulations of section 30 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 15), 2545 BE, shall be repealed and replaced by the following stipulations:

""In applying confinement instead of a fine, the rate of five hundred baht per day shall be observed, and whether the case be of a single count or of several counts, the confinement shall not be applied over a term of one year, save where the court issues a judgment imposing a fine of two hundred thousand baht or more, in which case the court may order confinement instead of the fine for a period of time longer than one year but not than two years.

In calculating the period of time, the day on which the confinement imposed instead of the fine commences shall be included and shall be counted as one full day, regardless of the number of hours.

In the event that the person fined has been detained before the court issued the judgment, the days of such detention shall be deducted from the amount of the fine at the rate of five hundred baht per day, save where he has been adjudged to both imprisonment and fine, in which case, if the days of detention also need to be deducted from the time of imprisonment according to section 22, such deduction shall be made first, and whatever remains shall then be deducted from the fine.

When the person fined has incurred confinement instead of the fine until completion of the term, he shall be released on the day following the day of such completion. If money is provided to pay up his fine, he shall be released forthwith.""

The stipulations of paragraph 1 of section 30/1 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 15), 2545 BE, shall be repealed and replaced by the following stipulations:

"In the event that a court has issued a judgment imposing a fine, the person fined, who is not a juristic person and has no money to pay the fine, may file with the court of first instance adjudging his case a petition for permission to perform a work of social service or work of public interest instead of paying the fine, or if it becomes known to a court at the time of adjudging a case that any of the persons to be fined meets meets the criteria for performing a work of