Custodial vs non-custodial sentence

A "custodial sentence" imposes imprisonment in a correctional facility; a "non-custodial sentence" resolves the case through fine, probation, suspended sentence, community service, or a mix. Thai criminal procedure permits non-custodial dispositions for many offences at the court's discretion, but in practice the offence categories that dominate the prison population — Category-1 drug offences under Narcotics Code §145 and lèse-majesté under Criminal Code §112 — almost always resolve as custodial sentences on conviction. The narrow use of non-custodial alternatives contributes to the 111.7% Thai prison occupancy rate (WPB December 2024).