Translation:Act Amending the Penal Code (No. 14), 2540 BE
- The Act
- Preamble
- Section
- Statement of grounds
Act
Amending the Penal Code (No. 14),
2540 BE
Bhumibol Adulyadej R
Given on the 14th day of November 2545 BE
Being the 52nd year of the present reign
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:
Whereas it is appropriate to amend the Penal Code;
Therefore, by and with the advice and consent of the National Assembly, He orders with His gracious pleasure that the following Act be enacted:
Section1.This Act is called the "Act Amending the Penal Code (No. 14), 2540 BE".
Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.
Section3.The following stipulations shall be inserted in the Penal Code as (2bis) of section 7:
"(2bis)offences relating to sexuality, as prescribed in section 282 and section 283".
Section4.The stipulations of section 282 and section 283 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 8), 2530 BE, shall be repealed and replaced by the following stipulations:
"Section282.Whoever, in order to satisfy the desire of another person, makes it his own business to procure, lures away, or carries away a man or woman for an indecent purpose, even with the consent of that person, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
If the offence under paragraph 1 is committed against a person aged over fifteen years but still not over eighteen years, the offender shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht.
If the offence under paragraph 1 is committed against a child aged not over fifteen years still, the offender shall be punished with imprisonment from five years to twenty years and fine from ten thousand baht to forty thousand baht.
Whoever, in order to satisfy the desire of another person, receives the person who has been procured, lured away, or carried away according to paragraph 1, paragraph 2, or paragraph 3, or aids in the commission of the said offence, shall be punished as prescribed in paragraph 1, paragraph 2, or paragraph 3, as the case may be.
Section283.Whoever, in order to satisfy the desire of another person, makes it his own business to procure, lures away, or carries away a man or woman for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
If the offence under paragraph 1 is committed against a person aged over fifteen years but still not over eighteen years, the offender shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.
If the offence under paragraph 1 is committed against a person aged not over fifteen years still, the offender shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht, or life imprisonment, or death.
Whoever, in order to satisfy the desire of another person, receives the person who has been procured, lured away, or carried away according to paragraph 1, paragraph 2, or paragraph 3, or aids in the commission of the said offence, shall be punished as prescribed in paragraph 1, paragraph 2, or paragraph 3, as the case may be."
Section5.The following stipulations shall be inserted in the Penal Code as its section 283bis:
"Section283bis.Whoever carries away for an indecent purpose a person aged over fifteen years but still not over eighteen years, even with the consent of that person, shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 is committed against a child aged not over fifteen years still, the offender shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine.
Whoever hides the person carried away according to paragraph 1 or paragraph 2 shall be punished as prescribed in paragraph 1 or paragraph 2, as the case may be.
The offences under paragraph 1 and paragraph 3 are compoundable only in the event that they are committed against persons aged over fifteen years."
Section6.The stipulations of section 284 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 5), 2525 BE, shall be repealed and replaced by the following stipulations:
"Section284.Whoever carries another person away for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
Whoever hides the person carried away according to paragraph 1 shall be punished in the same manner as the carrier.
The offences under this section are compoundable."
Section7.The following stipulations shall be inserted in the Penal Code as section 312ter:
"Section312ter.Whoever dishonestly takes in, disposes of, makes it his own business to procure, lures away, or carries away a person aged over fifteen years but still not over eighteen years, even with the consent of that person, shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 is committed against a child aged not over fifteen years still, the offender shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine."
General Chavalit Yongchaiyudh
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Since it appears that offences have been committed against women and children, in which women or children are bought, sold, disposed of, carried away, or procured by various means for the purpose of fulfilling the desire of [the offenders] themselves or other persons, for indecent purposes, or for other wrongful purposes, including the selling of children and the forcing of children to become beggars or to be employed in brutal or cruel forms of labour, it is appropriate to designate penal provisions anew so that they cover the said acts. In addition, at present, the described acts are not only limited to women or girls, but they have extended to boys and tend to occur against anyone, regardless of the sex. It is thus appropriate to modify the bases of the offences in relevant provisions so that they become broader, and it is appropriate to amend section 282 and section 283 of the Penal Code, which provide that Thai courts to be of the power to punish the mentioned acts, even though committed abroad, by separating them into distinct clauses in section 7, which deals with the power of Thai courts to punish criminal acts characteristic of international crimes. Therefore, it is necessary to enact this Act.
Bibliography[edit]
- "Phra Ratchabanyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sipsi) Phoso Song Phan Ha Roi Sisip" [Act Amending the Penal Code (No. 14), 2540 BE]. (1997, 16 November). Ratchakitchanubeksa [Royal Gazette], 114(72A), 42–45. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
Public domainPublic domainfalsefalse |
|---|---|
| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
Public domainPublic domainfalsefalse |
