Tentative Translation PROBATION ACT, BE 2559 (2016)

Tentative Translation* PROBATION ACT, B.E. 2559 (2016) ____________ BHUMIBOL ADULYADEJ, REX; Given on the 29th Day of September B.E. 2559; Being the 71st Year of the Present Reign. His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that: Whereas it is expedient to have the law on probation; Be it, therefore, enacted by the King, by and with the advice and consent of the National Legislative Assembly, as follows. Section 1. This Act is called the “Probation Act, B.E. 2559 (2016)”. Section 2.1 This Act shall come into force after one hundred eighty days as from the date of its publication in the Government Gazette. Section 3. The following shall be repealed: (1) the Act on Probation Procedures under the Penal Code, B.E. 2522 (1979); (2) the Act on Probation Procedures under the Penal Code (No. 2), B.E. 2550 (2007). Section 4. In this Act:

*

Translated by Associate Professor Dr. Pinai Nanakorn under contract for the Office of the Council of State of Thailand's Law for ASEAN project. – Tentative Version – subject to final authorisation by the Office of the Council of State. 1 Published in Government Gazette, Vol. 133, Part 88a, dated 3rd October 2016. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

2 “probation” means the factual inquisition and observation and the behavioural monitoring of probationers to ensure their compliance with the conditions prescribed in orders or notifications issued by the Court or competent officials, including the application of measures for correcting or rehabilitating offenders; “Court” means the Court having jurisdiction to try and adjudicate criminal cases; “factual inquisition and observation” means the finding of facts and details pertinent to the person under factual inquisition and observation for the purposes of compiling facts as well as preparing reports and opinions to be submitted in order to assist considerations by the Court or competent officials; “person under factual inquisition and observation” means the alleged offender, the accused, the prisoner whose case has been finalised or any other person required by law to undergo the procedures for factual inquisition and observation by the probation officer; “behavioural monitoring” means the control and oversight of the probationer to ensure their compliance with the conditions prescribed; “probationer” means the alleged offender, the accused, the prisoner whose case has been finalised or any other person required by the Court or the competent official to comply with the conditions provided by law under the behavioural monitoring by the probation officer; “Probation Office” means a Probation Office attached to the Department of Probation; “Commission” means the Probation Commission; “probation officer” means the person appointed by the Minister to be in charge of probation under this Act; “probation volunteer” means the person appointed by the Director-General for assisting probation officers under this Act; “narcotic drugs” means narcotic drugs under the law on narcotic drugs, psychotropic substances under the law on psychotropic substances and volatile substances under the law on prevention of the use of volatile substances; “Director-General” means Director-General of the Department of Probation; “Minister” means the Minister having charge and control of the execution of this Act.

DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

3 Section 5. The Minister of Justice shall have charge and control of the execution of this Act and shall have the powers to appoint and remove probation officers and issue Ministerial Regulations, Rules and Notifications for the execution of this Act. Such Ministerial Regulations, Rules and Notifications shall come into force upon their publication in the Government Gazette. CHAPTER I PROBATION COMMISSION _______________ Section 6. There shall be the Probation Commission consisting of the Minister of Justice as Chairman, Permanent Secretary for Justice as Vice Chairman, Permanent Secretary for Social Development and Human Security, Permanent Secretary for Education, Judge Advocate General, Director-General of the Department of Employment, Director-General of the Department of Provincial Administration, Director-General of the Department of Medical Services, Director-General of the Department of Skill Development, Director-General of the Department of Juvenile Observation and Protection, Director-General of the Department of Corrections, Director-General of the Department of Mental Health, Secretary-General of the Narcotics Control Board, Commissioner-General of the Royal Thai Police, Secretary-General of the Office of the Judiciary, Attorney-General, President of the Lawyers Council of Thailand and not more than five qualified persons appointed by the Minister from experts or those with workexperience in law, criminology, penology, justice administration, sociology and anthropology, social administration, psychology, psychiatry or other fields beneficial to probation work, as members. The Director-General of the Department of Probation shall be a member and secretary and the Director-General shall appoint not more than two officials of the Department of Probation as assistant secretaries. Section 7. A qualified member shall possess the qualifications and shall not be under the prohibitions as follows: (1) being of Thai nationality; (2) being of not less than thirty-five years of age; DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

4 (3) not being a holder of a political position, a member of a local assembly, a local administrator, an executive member or a holder of any position responsible for the administration of a political party, a member of a political party or an official of a political party; (4) not being a Government official holding a permanent position or receiving permanent salaries, except a holder of a teaching post in a State-owned university; (5) not being a bankrupt; (6) not being an incompetent or quasi-incompetent person; (7) not having been sentenced by a final judgment to a term of imprisonment irrespective of whether actually imprisoned or not, except for an offence committed through negligence or a petty offence; and (8) not having been expelled, dismissed or removed from the official service, a State agency or a State enterprise on the ground of disciplinary breach. Section 8. A qualified member shall hold office for a term of three years and may be re-appointed but may not serve for more than two consecutive terms. Section 9. In addition to the vacation of office upon the expiration of the term, a qualified member vacates office upon: (1) death; (2) resignation; (3) being disqualified or being under any of the prohibitions under section 7; (4) being removed by the Minister on the ground of neglect of or dishonesty in the performance of duties, misbehaviour or lack of competence. Section 10. The Commission has the powers and duties as follows: (1) to set policies and directions for the administration of the probation work to ensure conformity with probation missions and consider as well as give opinions on the probation as requested by the Council of Ministers; (2) to give recommendations or advice to the Minister in relation to the issuance of Ministerial Regulations, Rules and Notifications under this Act and give recommendations to the Director-General with regard to the issuance of Rules under this Act;


5 (3) to give advice, opinions and suggestions to the Department of Probation and Government agencies, State agencies and other organs with regard to the administration and operation of probation work; (4) to lay down standards for the operation of work of probation officers to ensure compliance with this Act and give approval to training programmes for probation officers; (5) to perform any other acts as prescribed by the law to be the powers and duties of the Commission or as entrusted by the Minister. Section 11. The provisions on commissions, committees or boards with the power to conduct administrative proceedings under the law on administrative procedures shall apply mutatis mutandis to the appointment of qualified members and a meeting of the Commission. Section 12. The Commission may appoint a sub-committee or a working group for considering or performing any particular act as entrusted by the Commission, and the provisions of section 11 insofar as they deal with meetings shall apply to a meeting of a subcommittee or a working group mutatis mutandis. Section 13. A member shall receive meeting allowances and other remuneration as prescribed by the Council of Ministers. CHAPTER II POWERS OF PERSONS PERFORMING OFFICIAL WORK _______________ Section 14. Probation officers shall have the powers and duties under this Act and other laws and shall, in particular, have the powers and duties as follows: (1) to conduct inquisition and observation in connection with the age, past record, bahaviour, intelligence, education and training, health, mental condition, characters, occupation, environment, nature of the offence and any other matters pertinent to persons under inquisition and observation as well as facts as to injury and opinions of the injured persons and persons concerned and prepare reports as well as opinions on self-correction and self-improvement ability and probation methods; DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

6 (2) to oversee, follow, inquire, advice, assist or warn probationers or carry out any acts to ensure that probationers shall observe the required conditions and be able to correct and improve themselves, for the purposes of crime prevention and rehabilitation of offenders; (3) to provide support under this Act; (4) to determine details for the observance of conditions as agreed with probationers for the purpose of probation; (5) to refer persons under factual inquisition and observation, probationers or persons granted support under section 41 to doctors for examination of physical and mental health or refer such persons to therapies and treatment for recovering from drug addiction, physical or mental infirmity or other illness, as may be deemed appropriate; (6) to handle or carry out acts in connection with persons under inquisition and observation or probationers, such as taking photographs, taking fingerprints, undertaking physical examination or the sampling of urine, head hair or body hair for the purposes of personal identification and including them onto databases to be used for correction and rehabilitation, and instruct persons under factual inquisition and observation or probationers to undergo examination or tests of drugs concentration in the body or cause them to do so, in cases connected with drugs or in the case where there is reasonable evidence to believe that they are connected with drugs, provided that the examination or tests as to drugs shall be in accordance with the rules, procedures and conditions prescribed in the Notification issued by the Minister; (7) to use electronic devices or any other devices to monitor probationers in accordance with the conditions issued by the Court or competent officials, provided that the rules and procedures for the use of such devices shall be as prescribed in the Ministerial Regulation; (8) to instruct the probationers or persons granted support under section 41 to attend training for acquiring knowledge and skills in the interest of the correction and rehabilitation as well as the prevention of repeated offences, provided that such persons’ family members may also be invited to attend the training; (9) to cause probationers to carry out community service or any public-interest work; (10) to, in the case where persons under factual inquisition and observation, probationers or persons granted support under section 41 are children or juveniles, give advice to parents, guardians or persons with whom such children or juveniles live on matters with DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

7 regard to the nurturing, disciplining and any act as is necessary and appropriate, including selfimprovement of parents, guardians or persons with whom such children or juveniles live; (11) to entrust and supervise probation volunteers to perform activities in accordance with the Rules issued by the Minister; (12) to prepare reports and opinions on behaviours, occupational pursuit and circumstances of probationers; (13) to report to officials with legal authority in connection with parole or goodtime allowance under the law on corrections or the law on military prisons, being the officials having made orders, when prisoners whose cases have been finalised fail to observe the required conditions, for the purpose of further proceeding by such officials; and (14) to perform other duties under this Act as entrusted by the Minister or Director-General or in accordance with orders of the Court. Section 15. For the purpose of performing duties under this Act, probation officers shall also have the powers as follows: (1) to, in the case where there arises utmost compelling need, to enter a dwelling-place or any place at which or with which persons under factual inquisition and observation or probations live, work or have connection and interrogate persons staying at such place as to matters specified in section 14 (1) or (2) for the purpose of the performance of work, from sun rise or sunset; (2) to instruct persons in the position to provide facts as to matters specified in section 14 (1) or (2) to see probation officers and give statements; and (3) to instruct owners or possessors to send articles or documents which may be used as evidence in connection with matters specified in section 14 (1) or (2). Section 16. The Department of Probation shall conduct classification of persons under factual inquisition and observation, probationers and persons ordered by the Court or competent officials to be under the responsibility of probation officers, in the interest of undertaking corrections and rehabilitation well suited to respective offenders, having regard to risks of repetition of offences. The rules, procedures and conditions for the classification of persons under paragraph one shall be in accordance with the Rule prescribed by the Director-General. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

8 Section 17. There shall be probation volunteers for assisting probation officers as entrusted by the Director-General. The Director-General shall appoint and remove probation volunteers. The qualifications, rules and procedures for the appointment and removal of probation volunteers shall be in accordance with the Rule prescribed by the Commission while work procedures of probation volunteers shall be in accordance with the Rule prescribed by the Minister. Section 18. In the performance of duties under this Act, probation officers and probation volunteers shall show their identification cards to persons concerned. Identification cards shall be in accordance with the form prescribed in the Ministerial Regulation. Section 19. In the performance of duties under this Act, probation officers shall be officials under the Penal Code. Section 20. The Department of Probation shall cause probation officers to attend training before their performance of duties in the interest of developing their knowledge, capability and practical experience, including training for enhancing skills and expertise, in accordance with training programmes approved by the Commission. Section 21. Probation officers having completed the training under section 20 shall be officials holding special positions under the law on civil service and, in making the determination as to extra-pay for special positions, regard shall also be had to missions, duties and the quality of work in comparison with stipends of other officials performing work in the administration of justice, in accordance with the Rule of the Ministry of Justice issued with the approval of the Ministry of Finance. Section 22. In the case where the injured person, the person under factual inquisition and observation, the probationer, the person granted support under section 41 or any person concerned is unable to speak or understand the Thai language or the dialect and has no interpreter, an interpreter shall be provided. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

9 In the case where the injured person, the person under factual inquisition and observation, the probationer, the person granted support under section 41 or any person concerned is unable to speak, hear or communicate intended meanings and has no interpreter, a hand interpreter or an interpreter for communicating meanings by other means shall be provided as it is deemed appropriate. The Department of Probation shall provide interpreters under paragraph one and paragraph two without delay. Interpreters shall receive fees, travel allowances and accommodation allowances in accordance with the Rule issued by the Minister with the approval of the Ministry of Finance. CHAPTER III FACTUAL INQUISITION AND OBSERVATION, BEHAVIOURAL MONITORING AND COMMUNITY SERVICE OR PUBLIC-INTEREST WORK _______________ Section 23. In the case where the Court or the competent official issues an order instructing the probation officer to conduct a factual inquisition and observation, the person in charge of the agency concerned shall furnish the order and related documents to the Probation Office within three days as from the date of the order. When a parole or good-time allowance is to be granted to a prisoner whose case has been finalised, the Department of Corrections or the military prison shall furnish the related letter and documents to the Probation Office without delay. Section 24. Unless the Court or the competent official orders otherwise, the probation officer shall, upon receipt of the order under section 23 paragraph one, conduct a factual inquisition and observation and complete preparation of a report as well as an opinion to be submitted to the Court or the competent official within fifteen days as from the date on which the order has been received by the Probation Office. In the case of necessity, a request may be made to the Court or the competent official for an extension of time for a period not exceeding thirty days. Upon receipt of the letter under section 23 paragraph two, the probation officer shall conduct a factual inquisition and observation and complete preparation of a report as well as an opinion within sixty days as from the date on which the letter has been received by the Probation Office. In the case of necessity, the Director-General may grant an extension of DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

10 time for a period not exceeding thirty days by giving a notification thereof to the Department of Corrections or the military prison. The rules and procedures for a factual inquisition and observation shall be in accordance with the Rule prescribed by the Minister. Section 25. In the case where the Court or the competent official issues an order for the behavioural monitoring, the person in charge of the agency concerned shall furnish the order and related documents to the Probation Office without delay. The probation officer shall explain to the probationer, both orally and in writing, conditions for the behavioural monitoring together with the rights of the probationer and shall also inform the probationer results of observance and non-observance of the conditions. In the case where the probationer under paragraph two is a child or juvenile, the explanations must also be attended by the parents, guardian, person with whom such child or juvenile lives, person or organisation taking care of the child or juvenile or person requested by the child or juvenile. The rules, procedures and conditions for the behavioural monitoring shall be in accordance with the Rule prescribed by the Minister. Section 26. The probation officer shall prepare a plan for the behavioural monitoring and a plan for correction and rehabilitation suitable for each probationer to enable the probationer to be restored to good conduct and society, provided that the probationer shall also have participation in the preparation of such plans. In the case where the probationer is a child or juvenile, the preparation of the plans shall also be participated by the parents, guardian, person with whom such child or juvenile lives, person or organisation taking care of the child or juvenile or person requested by the child or juvenile, having regard to the plans and conditions prescribed by the Court having jurisdiction to try juvenile and family cases. The rules, procedures and conditions in connection with the plans under paragraph one shall be in accordance with the Rule prescribed by the Director-General. Section 27. In the case where the probationer fails to observe the conditions prescribed in the order of the Court or the competent official or where circumstances attending the probationer’s behavioural monitoring have changed, the probation officer shall investigate DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

11 such circumstances and first conduct correction and rehabilitation to the extent possible. If action for the behavioural monitoring may not be further carried out or if conditions for the behavioural monitoring should be altered, the probation officer shall prepare a report and an opinion for submission to the Court or the competent official without delay. Section 28. A person under factual inquisition and observation and a probationer shall receive assistance and advice in relation to the living, development of potential, learning, adjustment of attitudes or conduct, drug-addiction therapy, community service or public-interest work, education, occupational training, occupational pursuit and other support as may be needed. Section 29. In the case where the Court or the competent official issues an order instructing the probationer to carry out community service or public-interest work, the probation officer shall cause the probationer to carry out community service or public-interest work individually or in groups. Unless otherwise ordered by the Court or the competent official, in placing the probationer to particular community service or public-interest work under paragraph one, the probation officer shall consider the offence, conduct, gravity of the commission of the offence and conditions prescribed for the behavioural monitoring, having regard to the gender, age, past record, behaviour, intelligence, health, mental condition, characters, occupation, knowledge and ability of the probationer as well as the suitability, convenience and time spent in commuting between the probationer’s dwelling place and the venue where the community service or public-interest work is to be carried out, provided that the work required to be carried out must not be contrary to or inconsistent with the tradition, custom, culture, religious belief and other related factors. The rules, procedures and conditions for actions under paragraph one and paragraph two shall be in accordance with the Rule prescribed by the Director-General. CHAPTER IV COMPETENCE OF THE COURT IN CONNECTION WITH PROBATION _______________


12 Section 30. The Court has the competence to order probation officers to carry out a factual inquisition and observation as to the age, past record, behaviour, intelligence, education and training, health, mental condition, characters, occupation, environment, nature of the offence, repentance for the offence and attempts to mitigate ensuing detriment, other factors warranting mercy and any other matters pertinent to the accused and prepare a report as well as an opinion to be submitted to the Court for assisting its trial and adjudication or assisting the exercise of its discretion in imposing penalties. Upon receipt of the report and opinion under paragraph one, the Court has the competence to, if it deems appropriate, summons the probation officer or the accused to appear for interrogation or order the probation officer to carry out an additional factual inquisition and observation. Section 31. The Court may take the report and opinion of the probation officer under section 30 without supporting evidence but the Court shall, if such report and opinion are to be used in any way prejudicial to the accused, notify the accused of the matter to which the prejudice relates. When a challenge is made by the accused, the probation officer has the right to first adduce evidence in support of the report and opinion and the accused has the right to adduce evidence in rebuttal thereof. Section 32. In the case where the probationer fails to observe such conditions for the behavioural monitoring as prescribed by the Court or where the circumstances attending the probationer’s behavioural monitoring have changed and the probation officer has taken action under section 27 and prepared a report and opinion for submission to the Court, the Court shall, if such report and opinion have prejudicial effects on the probationer, summons the probationer to appear for notifying the matter to which the prejudice relates. In such a case, the probationer has the right to make a challenge and adduce evidence in rebuttal thereof, and the provisions of section 31 shall apply mutatis mutandis. If the probationer disobediently fails to appear in Court as required by the summons or the appointment, intentionally fails to receive the summons or has escaped or there is a reasonable ground to suspect that the probationer will escape, the Court has the competence to issue a warrant for arresting the probationer for further proceeding.


13 Section 33. In the case where there is an application under section 56 or a statement under section 57 of the Penal Code, the Court may summons the probation officer to appear for interrogations or testimonies for assisting its consideration of such application or statement. Section 34. In the case where the Court considers that the probationer fails to observe such conditions for the behavioural monitoring as prescribed by the Court or the circumstances attending the probationer’s behavioural monitoring have changed and the Court has issued an order altering the judgment or order in respect of the punishment, the Court shall notify the probation officer thereof. If such alteration of the judgment or order has more prejudicial effects on the probationer, the probationer has the right to appeal against such alteration order. The judgment or order of the Court of Appeal shall be final. Section 35. The provisions of the Criminal Procedure Code shall apply mutatis mutandis to procedures for any matters not specifically provided for in the provisions of this Act. CHAPTER V ACTION FOR CREATING RESTORATIVE JUSTICE _______________ Section 36. For probation purposes, the Probation Office shall have the duty to take action for creating restorative justice. The action for creating restorative justice denotes the action attaching particular importance to the mitigation of prejudicial effects or the resolution of disputes arising from the commission of offences by way of compensating the injured persons and the community, building up repentance and accountability for one’s own action and providing to the injured person, the person under factual inquisition and observation, the probationer and members of the community affected by the crime opportunities to find solutions to the problems together. Section 37. During the probation, when either the injured person, on one part, or the person under factual inquisition and observation or the probationer, on the other part, DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

14 makes a request for the action for creating restorative justice and the other gives consent thereto, the co-ordinator under section 38 shall consider the provision of such action, having regard also to effects on the community. The rules and procedures for the action for creating restorative justice shall be in accordance with the Rule prescribed by the Director-General. Section 38. The Director of the Probation Office shall appoint a probation officer or any other person as a co-ordinator, who shall assume the duty to put in place the action for creating restorative justice. The co-ordinator shall assume the duty to hold meetings, designate persons who shall attend meetings, conduct meetings and perform any other activities for creating restorative justice. The co-ordinator who is not an official attached to the Department of Probation and the persons who attend meetings shall receive allowances in accordance with the Rule prescribed by the Minister with the approval of the Ministry of Finance. Section 39. In the case where an agreement has been concluded as a result of the action for creating restorative justice, the probation officer shall submit such agreement to the Court or the competent official for information. The Court or the competent official may, if it is deemed appropriate, consider making the agreement as an integral part of the conditions for the probation. CHAPTER VI SUPPORT _______________ Section 40. In granting support under this Chapter, it shall be the responsibility of the State in finding facts, following up, taking care of, advising, correcting and rehabilitating or carrying out any act in favour of the persons under section 41 in order to facilitate such persons’ reasonable ability to help themselves and live in the community, having regard to their need and demand, provided that agencies concerned in social development and human security, labour, education and public health as well as other agencies concerned shall participate in the granting of support. DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

15 In granting support to the persons under paragraph one, the probation officer shall provide such persons encouragement and promotion in order for them to receive support as to necessities in life, treatment of physical and mental illnesses, education and training and life skills and shall provide assistance in other respects as is necessary for their living. In the case where such persons wish to work, the probation officer shall provide such persons encouragement and promotion in order for them to participate in activities intended to build up their readiness for the work. The State shall provide employers or owners of places of business encouragement and promotion in order for them to take the persons under section 41 into employment in places of business, in the interest of promoting and developing their quality of life to the extent of being able to live in the community and in the interest of preventing repetition of offences as well as preventing crimes. The management of support and the determination of standards therefor, details in connection with the support and rules, procedures and conditions for the granting of support in this Chapter shall be in accordance with the Rule prescribed by the Minister. Section 41. The probation officer shall grant such support as is reasonable in particular cases to the following persons: (1) the person under factual inquisition and observation; (2) the probationer or person discharged from probation; (3) the person who is under drug-addiction examination and rehabilitation or has accomplished drug-addiction rehabilitation; (4) the person who is performing community service or public-interest work in lieu of a fine; (5) the person released upon being discharged from the punishment or being granted a royal pardon; (6) the child or juvenile released upon completion of training required by the judgment; (7) the person discharged from the custody in lieu of paying a fine or the person discharged from the community service or public-interest work in lieu of paying a fine; and (8) other persons as prescribed in the Ministerial Regulation.


16 Section 42. In granting support in this Chapter, the probation officer may entrust it to a probation volunteer or may enter into an agreement for entrusting or assigning it to a Government agency, a local administrative organisation, a non-governmental organisation, a community organisation or any other organisation which provides co-operation. In the case where the person in this Chapter is a child or a juvenile whose personal condition entails support or protection of welfare, the probation officer shall, without delay, provide preliminary assistance and notify it to competent officials or those in charge of the protection of child welfare under the law on child protection. Section 43. In the case where it is deemed appropriate, the Minister has the power to, by a Notification, designate any place as the place for providing support to persons under section 41 and the Probation Office shall have the duty to provide assistance to its work as may be suitable to such place, in accordance with the Rule prescribed by the Minister. CHAPTER VII PARTICIPATION BY STATE AGENCIES AND THE CIVIC SECTOR _______________ Section 44. The Department of Probation shall have the duty to carry out or coordinate co-operation with State agencies, local government organisations, non-governmental organisations, community organisations or other organisations for their participation in building up networking or rendering assistance in connection with missions of the Department of Probation and establishing databases on offenders in the interest of preventing repetition of offences. Section 45. Probation volunteers and the civic sector shall have roles in providing support and carrying out correction and rehabilitation of offenders under supervision of probation officers, in accordance with the Rule prescribed by the Minister. The Probation volunteers shall receive allowances in accordance with the Rule issued by the Minister with the approval of the Ministry of Finance. CHAPTER VIII PENALTIES DISCLAIMER: THIS TEXT HAS BEEN PROVIDED FOR EDUCATIONAL/ COMPREHENSION PURPOSES AND CONTAINS NO LEGAL AUTHORITY. THE OFFICE OF THE COUNCIL OF STATE SHALL ASSUME NO RESPONSIBILITY FOR ANY LIABILITIES ARISING FROM THE USE AND/OR REFERENCE OF THIS TEXT. THE ORIGINAL THAI TEXT AS FORMALLY ADOPTED AND PUBLISHED SHALL IN ALL EVENTS REMAIN THE SOLE AUTHORITY HAVING LEGAL FORCE.

17 _______________ Section 46. Any person who, being an official with the duty to perform activities under this Act and having known or obtained other persons’ secrets on account of the performance of official duties, discloses such secrets beyond his official duty in a manner likely to cause damage to others shall be liable to imprisonment for a term not exceeding five years or to a fine not exceeding one hundred thousand Baht or to both.

TRANSITORY PROVISIONS _______________ Section 47. All Ministerial Regulations issued under the Act on Probation Procedures under the Penal Code, B.E. 2522 (1979) as in force prior to the date on which this Act comes into force shall continue to be in force insofar as they are not contrary to or inconsistent with this Act until Ministerial Regulations, Rules or Notifications to be issued under this Act come into force. Section 48. The probation officers who have been appointed under the Act on Probation Procedures under the Penal Code, B.E. 2522 (1979) and continued to perform duties prior to the date on which this Act comes into force shall be probation officers under this Act. Countersigned by: General Prayut Chan-o-cha Prime Minister
