Volume 139, Issue 28A
Royal Gazette
7 May 2565
"Section73.A child aged still not over twelve years who commits an act which the law prescribes to be an offence shall not be punished"
Section4.The stipulations of section 74 of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 21), 2551 BE, shall be repealed and replaced by the following stipulations:
"Section74.A child aged above twelve years but still not over fifteen years who commits an act which the law prescribes to be an offence shall not be punished, but the court shall have the power to proceed with him in the following manners:
(1)the child may be given admonition or warning and then released, and if the court finds it appropriate, it may summon the father, mother, guardian, or person with whom the child resides to appear and receive warning also;
(2)if the court finds that the father, mother, or guardian is still able to take care of the child, the court may issue an order entrusting the child to the father, mother, or guardian, laying down an ordinance requiring the father, mother, or guardian to prevent the child from causing an unfavourable incident throughout the time designated by the court, which must not be over three years, and designating an amount of money as may be found appropriate, but not over ten thousand baht, which the father, mother, or guardian will have to pay to the court every time the child causes the unfavourable incident; but if the child resides with another person than the father, mother, or guardian, and the court finds that it is not appropriate to summon the father, mother, or guardian to appear and attend the laying down of such an ordinance as said above, the court may summon the person with whom the child resides to appear, and ask him if he would accept an ordinance similar to one prescribed for the father, mother, or guardian as said above, and if the person with whom the child resides accepts such ordinance, the court shall issue an order entrusting the child to such person and laying down the said ordinance;
(3)the child may be committed to a institution of education, or place of training and instruction, or place of psychological consultation, or place set up for training and instructing children, throughout a period of time designated by the court but not exceeding the day the child completes the eighteenth year of age.
In the event that the court entrusts the child to the father, mother, guardian, or person with whom the child resides according to (2), the court may also designate for the child the same conditions for supervision of behaviour as those prescribed in section 56. In such event, the court shall appoint a probation official or any other official to supervise the behaviour of the child.
In the event that the child has no father, mother, or guardian, or has one whom the court, however, finds unable to take care of the child, or in the event that the child resides with another person than the father, mother, or guardian, and the person refuses to accept
