Page:พรบ แก้ไขเพิ่มเติม ปอ (๒๕) ๒๕๖๙.pdf/4

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Volume 133, Issue 31A
Page 4
Royal Gazette

7 April 2559

(7)he is required to pay compensation to or otherwise remedy the injury of the injured party, subject to agreements between the offender and the injured party;

(8)he is required to rehabilitate or remedy the damage which has occurred to the natural resources or environment, or to pay damages therefor;

(9)he is required to post a bond in which an amount of money is designated as found appropriate by the court, with him promising that he will not cause an unfavourable incident or danger to another person or property;

(10)other conditions which the court finds it appropriate to designate for rehabilitation or for prevention of the offender from committing or having an opportunity to commit an offence again, or conditions for remedying the injured party as found appropriate.

As for the conditions which the court has designated in accordance with the stipulations of paragraph 2, if it later becomes known to the court from an application of the offender, his legal representative, his curator, a public prosecutor, or an officer that the circumstances relating to the supervision of his behaviour have changed, the court may, when the court finds it appropriate, amend or revoke any of those conditions or may additionally designate any of the conditions as said in paragraph 2 and not yet designated by the court, or if the bond is breached, the provisions of section 47 shall apply mutatis mutandis."

Section8.The stipulations of section 84 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section84.Whoever causes another person to commit an offence, whether by employment, forcing, threatening, hiring, asking, or encouragement, or by any other way, is an abettor.

If the offence has not been committed, whether because the abetted refused to commit it or has not yet committed it or because of any other reason, the abettor shall merely be punished with one third of the punishment designated for the offence.

If the abetted has committed the offence, the abettor must be punished as if being a principal, and if the abetted is a person aged not over eighteen years, disabled person, infirm person, employee or subordinate of the abettor, person in poverty, or person required to depend upon the abettor owing to ailment or in any manner, the punishment designated by the court for the abettor shall be increased by one half."

Section9.The following stipulations shall be inserted in the Penal Code as section 85/1:

Section85/1.If the person abetted according to section 84 or person complying with the publication or announcement made to the general public encouraging them to commit an offence according to section 85 provides important information which brings to light the offence of the abettor or person making the publication or announcement to the general public encouraging them to commit an offence, and which is of great benefit to the prosecution of the said person, the court may punish him more lightly in any degree than the minimum rate of punishment designated for his offence."