Translation:Act Amending the Penal Code, 2477 Buddhist Era (No. 4)

by 1st House of Representatives of Siam

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §270: abduction for ransom
4. Amendment to §272: abduction for ransom
5. Insertion of §225bis: abduction for ransom
6. Insertion of §225ter: abduction for ransom
7. Amendment to §301: gang robbery

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Seal of the Royal Command

Act
Amending the Penal Code,
2477 Buddhist Era
(No. 4)

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In the name of Somdet Phra Chaoyuhua Ananda Mahidol
The Council of Regency
(according to the announcement of the President of
the House of Representatives dated 7 March 2477 Buddhist Era)

Anuwat Chaturon
Aditya Dibabha
Chaophraya Yommarat

Enacted on the 9th day of April 2478 Buddhist Era
Being the 2nd year of the present reign

Whereas the House of Representatives has resolved that it is appropriate to amend the provisions of certain sections of the Penal Code;

Therefore, by and with the advice and consent of the House of Representatives, a great royal command is given that the following Act be enacted:

Section1.This Act shall be called the "Act Amending the Penal Code, 2477 Buddhist Era (No. 4)".

Section2.This Act shall come into force from the day of its publication in the Royal Gazette onwards.

Section3.The following two paragraphs shall be inserted at the end of section 270 of the Penal Code:

"Whoever, for ransom, dares restrain or confine or dares carry away any particular person, whether by use of force, or by threat so as to create fear, or by a deceitful trick of any kind, shall, Lord says, held be guilty of an offence of abduction for ransom and be punished with imprisonment from fifteen years up to twenty years and a fine from a thousand baht up to five thousand baht.

The ransom refers to the property or benefit demanded or given in exchange for the return of the person abducted."

Section4.The following two paragraphs shall be inserted at the end of section 272 of the Penal Code:

"In the case of abduction for ransom, if [the offender] causes the victim^[1] to suffer serious injury, or insanity, or forcible intercourse, Lord says that the offender^[2] be punished with twenty years' imprisonment or life imprisonment.

In the same case, if [the offender] causes the victim to suffer injury by subjecting him to torture or cruelty so as to have him undergo serious hardship, or causes him to suffer death, Lord ordains that the offender be imprisoned for the rest of his life or be put to death."

Section5.The following text shall be inserted in the Penal Code as section 272bis:

"Whoever assists in the commission of an offence of abduction for ransom in such a manner as said in section 65, whether before, during, or after the commission thereof, or obstructs the operations of an officer to seek out or arrest the offender, or acts as an intermediary offering a condition that the offender share the ransom with him as a reward, which is undue to him, or that the ransom giver furnish him with a reward, which is undue to him, shall, Lord says, be held guilty as a co-principal."

Section6.The following text shall be inserted in the Penal Code as section 272ter:

"In the case of abduction for ransom, if the offender manages to cause the return of the person restrained, confined, or carried away, without the latter having suffered serious injury, insanity, or hunger harmful to the life, Lord ordains that the penalty be decreased by one third in his favour, provided that the return take place before the court adjudges upon his case."

Section7.The stipulations of section 301 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section301.If three or more persons jointly commit robbery and at least any one of them carries a weapon, Lord says that they be guilty of an offence of gang robbery and be punished with imprisonment from ten years up to fifteen years.

If, in committing such robbery, they cause another person to suffer serious injury, Lord says that they the gang robbers be punished with imprisonment from fifteen years up to twenty years or life imprisonment.

If, in committing such robbery, they cause another person to suffer injury by shooting him with a firearm, or assaulting him with an explosive, or subjecting him to torture or cruelty so as to have him undergo serious hardship, Lord says that they the gang robbers be punished with twenty years' imprisonment or life imprisonment.

And if, in committing such robbery, they cause another person to suffer death, Lord says that they the gang robbers be punished with life imprisonment or death. However, Lord has no intention to nullify with the stipulations of this paragraph the penalty prescribed for an offence of homicide under any of the serious circumstances as said in section 250."

Countersignatory:

(according to a resolution of the Council of Ministers)
Phraya Nitisatphaisan
Minister

Notes

1. The Thai text uses the third-person pronoun khao (Thai: เขา) here.
2. The Thai text uses the derogatory third-person pronoun man (Thai: มัน) here.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Kotmai Laksana Aya Phutthasakkarat Song Phan Si Roi Chetsip Chet (Chabap Thi Si)" [Act Amending the Penal Code, 2477 Buddhist Era (No. 4)]. (1935, 14 April). Ratchakitchanubeksa [Royal Gazette], 52, 16–22. (In Thai).