Section 11
Whoever commits an offence within the Kingdom, or commits an offence deemed by this
Code as being committed within the Kingdom, and, if such person has suffered the
punishment in whole or in part for such act according to the judgment of the foreign Court,
the Court may inflict less punishment to any extent than that provided by the law for such
offence, or may not inflict any punishment at all, by having regard to the punishment
already suffered by such person.
In case of a person, committing an offence within the Kingdom, or committing an offence
deemed by this Code as being committed within the Kingdom, has been prosecuted in the
foreign Court at the request of the Thai Government, such person shall not be punished
again in the Kingdom for such offence, if:
(1)
There be a final judgment of the foreign Court acquitting such person; or
(2)
There be a judgment of the foreign Court convicting such person, and such
person has already passed over the punishment.
Section 12
he measures of safety are applicable to any person only when there are provisions of law for
their application, and the law to be applied shall be the law in force at the time when the
Court passes judgment.
Section 13
If the provisions of the law as prescribed afterwards, any measure of safety has been
repealed, and any person is still subjected such measure safety, the Court shall give the
order repressing the application of such measure of safety when the file of a case appears
to the Court, or when such person, legal representative of such person or guardian of such
person or the Public Prosecutor makes the request.
Section 14
In case of any person is subject to any measure of safety, and the provisions of the law as
provided afterwards modify the conditions for the application of such measure of safety with
the result that it may not be applicable to the case of such person, or that it may be
applicable, but the application of such measure of safety according to the provisions of the
law as provided afterwards is more favorable to such person, the Court shall have the power
to give order, as it thinks fit, when it appears to the Court from the file of the case, or when
such person, the legal representative or guardian of such person, or the Public Prosecutor
makes a request to the Court to revoke the application of such measure of safety, or makes
a request to take the consequence according to the provisions of such law, as the case may
be.
Section 15
Whenever, according to the provisions of the law as provided afterwards, any punishment
has been changed to be a measure of safety, and there is a judgment inflicting such
punishment on any person, it shall be deemed that the inflicted punishment is also a
measure of safety.
In the case mentioned in the first paragraph, if the punishment is not yet inflicted upon
such person, or such person is still undergoing the punishment, the measure of safety shall
be applied to such person further. If, according to the provisions of the law as provided
afterwards, there is any condition for giving order for the application of the measure of
safety which may not be applicable to such person, or may be applicable but the application
of the measure of safety according to the provisions of the law as provided afterwards is
more favorable to such person, the Court shall have the power to give order, as it thinks fit,
when it appears to the Court from the file of the case, or when such person, the legal
representative or guardian of such person, or the Public Prosecutor makes a request to the
Court to revoke the application of the measure of safety, or makes a request to take the
consequence according to the provisions of such law, as the case may be.
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