The Department of Corrections clarifies that the suspension of former Prime Minister Thaksin Shinawatra’s sentence was conducted lawfully, does not violate the Corrections Act B.E. 2560 (2017), and is transparent and verifiable at every step.
On 5 May 2026, reporters reported that the Department of Corrections issued a statement addressing news claims that sentence suspension consideration must be for prisoners classified as 'good behavior' or higher, under the Ministerial Regulation on Benefits for Convicted Prisoners and Conditions for Those Receiving Sentence Reduction or Suspension and Release (No. 2) B.E. 2564 (2021), which allegedly conflicts with Section 52, first paragraph, of the Corrections Act B.E. 2560. The statement noted that Thaksin Shinawatra is classified as a medium-level prisoner serving a second sentence.
The Department of Corrections would like to clarify as follows:
1. Section 52, first paragraph, of the Corrections Act B.E. 2560 states: “Any convicted prisoner who demonstrates good behavior, diligence, progress in education, productive work, or special merit to the government may receive one of the following benefits.” This provision outlines eight types of benefits available to convicted prisoners under the Act: (1) privileges within the prison according to Department of Corrections regulations; (2) promotion of prisoner classification; (3) appointment to assist prison officers; (4) leave of absence not exceeding seven days at a time; (5) reduction of sentence by up to five days per month; (6) additional sentence reduction up to the number of days worked on community service; (7) suspension of sentence when the prisoner has served at least six months or one-third of the sentence specified in the warrant, whichever is greater; and (8) permission to attend vocational training outside the prison. This section does not specify classifications of convicted prisoners.
2. The Ministerial Regulation on Benefits for Convicted Prisoners and Conditions for Those Receiving Sentence Reduction or Suspension and Release (No. 2) B.E. 2564 sets out standard rules for sentence suspension: convicted prisoners classified as medium level or above may receive sentence suspension not exceeding one-third of the sentence specified in the most recent conviction warrant, considering any royal pardon granted. This is in accordance with Section 52(7) of the Corrections Act, which mandates that sentence suspension follows criteria, methods, and conditions prescribed by ministerial regulation and approved by the Corrections Committee. Therefore, the 2021 Ministerial Regulation (No. 2) does not conflict with Section 52 of the Corrections Act B.E. 2560.
3. Mr. Thaksin was sentenced to imprisonment in three cases, later receiving a royal pardon reducing the sentence to one year. Subsequently, the Supreme Court Criminal Division for Persons Holding Political Positions ruled that the enforcement of the sentence was not in accordance with legal objectives and conditions, and that the period Mr. Thaksin spent in the Police Hospital could not be counted as time served. Thus, the Court ordered enforcement of a one-year prison term. Therefore, the one-year sentence does not constitute a repeated offense under Sections 92 or 93 of the Criminal Code or other laws, nor does it classify him as a convicted prisoner who has reoffended within five years after release.
Based on these points, Mr. Thaksin meets the qualifications under the Corrections Act B.E. 2560, the Ministerial Regulation on Benefits for Convicted Prisoners B.E. 2562, and its amendment (No. 2) B.E. 2564, namely being a medium-level convicted prisoner who has served at least two-thirds of the sentence specified in the conviction warrant and is eligible for sentence suspension not exceeding one-third of the sentence specified.
The Subcommittee for Sentence Suspension considered the facts, circumstances, and qualifications of the prisoner in full accordance with the criteria set by law and ministerial regulations, carefully and fairly, without discrimination or granting benefits beyond those provided by law.
The Department of Corrections affirms that the consideration of Mr. Thaksin Shinawatra’s sentence suspension was conducted fully within the framework of applicable laws, ministerial regulations, and related rules, ensuring equal treatment, transparency, and accountability at every step.