Section 39
The measures of safety are as follows:
(1)
Relegation;
(2)
Prohibition to enter a specified area;
(3)
To execute a bond with security for keeping the peace;
(4)
To restraint in an institution of treatment;
(5)
Prohibition to exercise certain occupation.
Section 40
The relegation is to superintend the habitual offender within the specified area for
preventing such offender from committing the offence, for reforming one's character, and
for training one's occupation.
Section 41
Any person who has been sentenced to relegation, or has been sentenced to imprisonment
of not less than six months for not less than twice, for the following offences:
(1)
Offences Relating to Public Peace as provided in Section 209 to Section 216;
(2)
Offences Relating to Causing Public Dangers as provided in Section 217 to Section
224;
(3)
Offences Relating to Currencies as provided in Section 240 to Section 246;
(4)
Offences Relating to Sexuality as provided in Section 276 to Section 286;
(5)
Offences Causing Death as provided in Section 288 to Section 290, and Section
292 to Section 294;
(6)
Offences Against Body as provided in Section 295 to Section 299;
(7)
Offences Against Liberty as provided in Section 309 to Section 320;
(8)
Offences Against Properties as provided in Section 334 to Section 340, Section
354 and Section 357; and, within ten years from the day of having passed over
the relegation or the punishment, as the case may be, such person commits any
of such specified offences again so that the Court sentences such person to
imprisonment of not less than six months for such offence, the Court may regard
such person as a habitual criminal and may sentence such person to relegation
for not less than three years and not more than ten years.
The offence committed by an offender at the time when such offender is not yet over
seventeen years of age shall not be deemed as an offence to be taken into consideration for
relegation according to this Section.
Section 42
In calculating the period of relegation, the day of passing judgment by the Court shall count
as the day on which relegation begins, but if there is still the punishment of imprisonment
or confinement of be undergone by the relegated person, such relegated person shall be
imprisoned or confined first, and the day following that on which liberation from
imprisonment or confinement takes place shall count as the day on which relegation begins.
Regarding the period of relegation and the liberation of the relegated person, the provisions
of Section 21 shall apply mutatis mutandis.
Section 43
To prosecute for relegation shall be made as the exclusive power of Public Prosecutor, and
such relegation prosecution may be requested together with the case-prosecution to be
empowered to prosecute the relegation or such relegation-prosecution may be made
afterwards.
www.ThaiLaws.com
15