There are two kinds of royal pardons. First, there are individual applications allowed under the 2003 Ministerial Rules of the Justice Ministry Criteria and Execution Procedures. A prison official must tell the condemned person that he or she has the right to request a royal pardon and must help the condemned make the request, for example by making legal counsel available to prepare the papers. If the condemned person doesn't have the money for a lawyer a public defender will be appointed.
Alternatively, an interested person such as a relative can prepare this request.
The request must be submitted to the justice minister within 60 days of the final decision by the Appeal Court or the Supreme Court. The minister of justice must then pass on the request to His Majesty the King, with a recommendation as to whether the pardon should be granted. The Council of Ministers may also submit a recommendation on the issue.
It is then up to the discretion of His Majesty as to whether to grant or deny the pardon. There are no legal requirements to be followed at this point, but the condemned person cannot be executed while awaiting His Majesty's decision. Of course, His Majesty can commute the execution and reduce the sentence, for example, to life imprisonment. In fact, most death sentences in Thailand are commuted by this type of royal pardon.
The second kind of royal pardon is a general pardon, as provided for in sections 261 and 261 bis of the Criminal Code. On special occasions, His Majesty may commute the sentences of a group of prisoners. The members of such a group are those recommended to His Majesty by the Council of Ministers and do not apply individually. Drug offenders convicted after 2000 are not eligible for general pardons.
If the application for a royal pardon is turned down, there is no further appeal.
In Thailand state executions are carried out by lethal injection.
Source: Bangkok Post, April 1, 2012
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