Template:Act Promulgating the Criminal Code
Act
Promulgating the Criminal Code,
BE 2499 (1956)
_______________
Bhumibol Adulyadej, Rex.
Given under my Hand this 13th Day of November, BE 2499 (1956);
Being the 11th Year of my Reign.
His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:
Whereas it is desirable to revise the criminal law, for the national circumstances have considerably changed since the promulgation of the Penal Code in the 2451st Year of Buddhist Era (the Year 1908);
Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the House of Representatives, as follows:
§ 1
This Act shall be cited as the “Act Promulgating the Criminal Code, BE 2499 (1956)”.
§ 2
This Act shall come into force as from the day following the date of its publication in the Government Gazette.[1]
§ 3
The Criminal Code annexed to this Act shall come into operation as from January 1, BE 2500 (1957).
§ 4
From and after the coming into operation of the Criminal Code, the Penal Code shall be repealed.
§ 5
From and after the coming into operation of the Criminal Code, when any law determines a penalty in reference to a misdemeanor penalty under the Penal Code, it shall be taken that such reference is made as follows:
If it refers to the first class penalty, it is intended to a fine not exceeding one hundred baht;
Second, a fine not exceeding five hundred baht;
Third, imprisonment for not more than ten days, or a fine not exceeding five hundred baht or both;
Fourth, imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.
§ 6
From and after the coming into operation of the Criminal Code, the Criminal Code shall apply to imprisonment in lieu of fine referred to in any law, irrespective of whatever provisions such law may make. But in respect of the offences committed prior to the coming into operation of the Criminal Code, incarceration in lieu of a single fine shall not take place in excess of one year and that in lieu of several fines may not be enforced for more than two years.
§ 7
The provisions of the Code of Criminal Procedure shall apply to the ancillary measures under section 46 of the Criminal Code as if criminal offences. Nevertheless, the arrestee may not be held in detention longer than forty eight hours from the time he arrives at the office of the administrative or police officer responsible. In this respect, the time of usual journey taken for bringing the arrestee to the court shall be excluded from the said period of forty eight hours.
§ 8
From and after the coming into operation of the Criminal Code, when in any law reference is made to the Penal Code or its provisions, it shall be taken that reference is intended to the Criminal Code or its corresponding provisions, as the case may be.
- Countersigned by:
- Field Marshall P. Phibunsongkhram,
- Prime Minister.
Statement of Grounds
The grounds for promulgation of this Act are as follows: Since the Penal Code, RE 127 (1908) has been in force for so long and the amendments variously made to the Code are now scattered, it is expedient to revise and codify them as a single criminal code.
Moreover, since certain criminal principles and sanctions appear to be archaic and ought to be revised to suit the age and the present international customs, it is proper to improve them in compliance with the principles of a democratic regime of government.
- ↑ Published in the Government Gazette: volume 73/part 95/special issue/page 1/November 15, 1956.