Translation:Act Amending the Penal Code, 2478 Buddhist Era (No. 7)

by 1st House of Representatives of Siam

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Repeal of §§99, 100, &335(20): offences of violence against royal children, lèse-majesté, & failure to comply with contract of carriage
4. Amendment to §104: offences relating to internal security

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Seal of the Royal Command

Act
Amending the Penal Code,
2478 Buddhist Era^[1] (No. 7)

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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 20 August 2478 Buddhist Era)^[2]

Aditya Dibabha
Gen Phitchayenyothin

Enacted on the 16th day of April 2479 Buddhist Era^[3]
Being the 3rd year of the present reign

Whereas the House of Representatives has resolved that it is appropriate to repeal and amend the provisions of certain sections of the Penal Code in order to suit the democratic administration;

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, 2478 Buddhist Era (No. 7)".

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

Section3.Sections 99, 100, and 335(20) of the Penal Code of 127 RE shall be repealed.

Section4.Section 4 of the Act Modifying the Penal Code, 2470 BE, which amended section 104 of the Penal Code of 127 RE, shall be repealed and replaced by the following stipulations:

"Section104.1)Whoever makes [anything] available to the people through speech, or writing, or printing, or intrigue of any kind for the following [purpose]:

a)to bring about amongst the public an insult towards the Monarch, or Government, or public affairs of the State;

b)to bring about a change in the Government or law of the State by force or assault;

c)to bring about turbulence or disobedience amongst the public to the degree likely to bring about unrest in the State;

d)to incite the public to violate the law of the State;

shall be held guilty and be punished with imprisonment of not more than seven years and an additional fine of not more than two thousand baht.

However, if the speech, or writing, or printing, or intrigue of any kind has been made within the purposes of the Constitution, or in public interest, or merely for expressing an honest opinion, or merely for giving a usual comment upon an act of the Government or a public affair of the State, it shall not be deemed to be an offence.

2)Whoever incites, instructs, or advises the organisation of a strike, or lockout, or concerted cessation of any business for the purpose of causing a change in the Government, or law of the State, or custom of the Country, or coercing the Government, or threatening the public, shall be held guilty and be punished with imprisonment of not more than seven years and an additional fine of not more than two thousand baht.

Whoever learns the aforesaid purpose and dares take part in the said strike, or lockout, or concerted cessation of business shall be held guilty and be punished with imprisonment of not more than five years and an additional fine of not more than a thousand baht.

3)Whoever, by subjecting to fear, threatening to assault, or forcibly assaulting in any manner, forces or attempts to force any particular person to take part in such a strike, lockout, or concerted cessation of business as said in item 2 of this section, or to assist in the said strike, lockout, or concerted cessation of business, shall be held guilty and be punished with imprisonment of not more than seven years and an additional fine of not more than two thousand baht.

4)Whoever commits any of the offences specified in this section shall, if such offence be part of a plot to overthrow the Government or to change the political or economic custom by force or assault, be held guilty and be punished with imprisonment from twenty years up to the whole life."

Countersignatory:

Col Phahonphonphayuhasena

Prime Minister

Notes

1. The year 2478 BE began on 1 April 1935 CE and ended on 31 March 1936 CE.
2. On 20 August, 2478 BE corresponded to 1935 CE.
3. On 16 April, 2479 BE corresponded to 1936 CE.

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Kotmai Laksana Aya Phutthasakkarat Song Phan Si Roi Chetsip Paet (Chabap Thi Chet)" [Act Amending the Penal Code, 2478 Buddhist Era (No. 7)]. (1936, 19 April). Ratchakitchanubeksa [Royal Gazette], 53, 61–65. (In Thai).