Page:พรบ แก้ไขเพิ่มเติม ปอ (๒๒) ๒๕๕๘.pdf/2

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Section⁠5.⁠The following stipulations shall be inserted in the Penal Code as Title 13 Offences relating to corpses, section 366/1, section 366/2, section 366/3, and section 366/4 of Division 2 Offences:

"Title 13
Offences relating to corpses^[1]

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Section⁠366/1.⁠Whoever commits intercourse with a corpse shall be punished with imprisonment not over three years, or a fine not over sixty thousand baht, or both the imprisonment and the fine.

The intercourse under paragraph 1 refers to the doing [of any act] for satisfying the desire of the doer, in which the sex organ of the doer is used against the sex organ, anus, or oral cavity of a corpse or any other thing is used against the sex organ or anus of a corpse.

Section⁠366/2.⁠Whoever indecency with a corpse shall be punished with imprisonment not over two years, or a fine not over forty thousand baht, or both the imprisonment and the fine.

Section⁠366/3.⁠Whoever, without reasonable cause, damages, dislocates, destroys, depreciates, or causes to be useless a corpse, parts of a corpse, cremated bones,^[2] or ashes^[3] of a corpse, shall be punished with imprisonment not over three years, or a fine not over sixty thousand baht, or both the imprisonment and the fine.

Section⁠366/4.⁠Whoever by any means commits an act which constitutes an insult to or desecration^[4] of a corpse, shall be punished with imprisonment not over three months, or a fine not over five thousand baht, or both the imprisonment and the fine."

Section⁠6.⁠The rates of punishment under section 367, section 368, paragraph 1 and paragraph 2, section 369, section 370, section 371, section 372, section 373, section 374, section 375, section 376, section 377, section 378, section 379, section 380, section 381, section 382, section 383, section 384, section 385, section 386, section 387, section 388, section 389, section 390, section 391, section 392, section 394, section 395, and section 396 of the Penal Code shall be repealed and replaced by the following rates of punishment:

Section 367: "...shall be punished with a fine not over one thousand baht."

Section 368, paragraph 1: "...shall be punished with imprisonment not over ten days, or a fine not over five thousand baht, or both the imprisonment and the fine."

Section 368, paragraph 2: "...shall be punished with imprisonment not over one month, or a fine not over ten thousand baht, or both the imprisonment and the fine."

Section 369: "...shall be punished with a fine not over five thousand baht."

Section 370: "...shall be punished with a fine not over one thousand baht."

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1. According to the Office of the Royal Society (2013), the term sop (Thai: ศพ), here translated as "corpse", specifically refers to a human corpse.
2. According to the Office of the Royal Society (2013), the term atthi (Thai: อัฐิ) means "human bone that has been cremated".
3. According to the Office of the Royal Society (2013), the term thao (Thai: เถ้า) means "ashes". Compare section 168 of the German Criminal Code, which says "Whoever, without being authorised to do so, takes the body or parts of the body of a deceased person, of a dead foetus or parts thereof, or the ashes of a deceased person from the custody of the person entitled thereto, or whoever commits defamatory mischief on them..." (Bohlander & Reusch, n.d.).
4. According to the Office of the Royal Society (2013), the term yiatyam (Thai: เหยียดหยาม), here translated as "to desecrate", means to treat with contempt. It is a combination of the words yiat and yam, both meaning "to look down on". In the English draft of the Penal Code (Office of the Juridical Council, 1950, p. 29/37), "vilify" was used for yiatyam.