Yingluck does not qualify for non-prison detention regulations
The former PM could however become eligible should she receive a royal pardon that would see her sentence reduced to less than four years
Justice Minister Thawee Sodsong affirmed on Tuesday (January 7) that former Prime Minister Yingluck Shinawatra, who faces a pending five-year prison sentence, does not qualify under the Department of Corrections’ 2023 non-prison detention regulations.
However, Thawee did not rule out the possibility of her eligibility if she returned to Thailand, entered the justice process, and received a royal pardon that reduced her sentence to under four years. “We cannot speculate because she does not qualify under the current criteria,” he explained.
The non-prison detention regulations, expected to take effect in early 2025, require eligible inmates to serve their first sentence with a term not exceeding four years. Reduced sentences via royal pardons are considered, and total sentences across cases apply for inmates with multiple convictions. Candidates must also be assessed as low-risk for escape or reoffending.
Excluded from eligibility are individuals detained during trial, repeat offenders of serious crimes, and those convicted of terrorism, public disturbances, major drug trafficking or property crimes.
The review process involves the Department of Corrections’ Committee on Confinement Management, which recommends cases to the prison warden, with final approval resting with the director-general. Rejected applications cannot be reconsidered for five months, and violations can revoke non-prison detention.
Three detention categories are outlined:
- Home or private locations leased by the state
- Behaviour development at government, educational, or religious facilities
- Medical treatment at hospitals
While Yingluck, who was sentenced to 5 years in prison by the Supreme Court's Criminal Division for Political Office Holders for neglecting to prevent losses in the rice-pledging scheme, does not currently meet the criteria, there remains a possibility for change. Reopening her case or a successful appeal to the Supreme Court could potentially revise her eligibility.
Other inmates convicted of corruption, such as Wattana Muangsuk, sentenced to 50 years for a housing project scandal, might qualify if their sentences are reduced below four years. In the state-to-state (G2G) rice corruption cases, many inmates have already been paroled, with only a few former civil servants remaining in jail.
Inmates charged under Article 112 (lèse-majesté) also qualify under the off-prison confinement regulation. Data from the Thai Lawyers for Human Rights Centre show 275 individuals charged between November 2020 and October 2024, including 20 minors.
While most cases are pending, prominent figures like Arnon Nampa (sentenced to 18 years) and others in exile, such as Parit Chiwarak and Panupong Jadnok, face uncertain eligibility.
Notably, former Prime Minister Thaksin Shinawatra also faces an Article 112 case, with witness hearings scheduled for July.
The regulation raises concerns about ensuring justice versus favouring select individuals, with many asking whether such individuals might receive preferential treatment.
