Translation:Act Amending the Penal Code (No. 14), 2494 BE

by National Assembly of Thailand

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §41: suspended sentence
4. Amendment to §42: breach of suspended sentence's conditions
5. Amendment to §57: liability of persons aged between 7–14 years
6. Amendment to §58: liability of persons aged between 14–17 years
7. Insertion of §58bis: liability of persons aged between 17–20 years
8. Insertion of §58ter: enforcement of suspended sentence's conditions

---

Seal of the Royal Command

Act
Amending the Penal Code
(No. 14), 2494 BE

---

In the Name of
Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej
Thaniniwat Krommamuen Phitthayalap Phruetthiyakon
Regent
Given on the 22nd day of June 2494 BE
Being the 6th year of the present reign

Whereas it is appropriate to amend the Penal Code;

Therefore, by and with the advice and consent of the National Assembly, the Monarch gives a great royal command that the following Act be enacted:

Section1.This Act is called the "Act Amending the Penal Code (No. 14), 2494 BE".

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

Section3.The stipulations of section 41 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section41.⁠Whoever committed an offence carrying imprisonment and, in the case thereof, will be imposed by the court with imprisonment of not over two years, may, if he does not appear to have been imprisoned before or he appears to have been imprisoned before but the punishment was for a negligent offence, or petty offence, or offence carrying a punishment not higher than that for a petty offence and the court finds it appropriate after taking into consideration his age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment, or the nature of his offence, or other causes for which mercy should be given, be adjudged guilty by the court and enjoy suspension of the designation of the punishment or incur designation of the punishment but enjoy suspension of the imposition of the punishment and be released, in order that he be given an opportunity to reform himself within a period of time to be designated by the court but not over five years counted from the day the court issues the judgment, in respect of which the court may also designate conditions for supervision of his behaviour.

The court may designate one or several of the following clauses as the conditions for supervision of behaviour of the offender:

(1)he is required to occasionally report himself to an officer as specified by the court, in order that the officer would conduct interrogation, offer advice, provide assistance, or give warning in regard to his behaviour and occupation as found appropriate;

(2)⁠he is required to practise or perform an occupation on a regular basis;

(3)⁠he is required to refrain from any association or other behaviour which may lead to the commission of the same offence again.

During the period of time designated by the court in accordance with paragraph 1, the court may summon him to appear and order amendments to or revocation of any of his conditions.

If he fails to comply with a condition designated by the court, the court may issue a summons or arrest warrant in order to have him appear and give him warning, or may designate and impose the punishment which has not yet been designated or may impose the punishment which has been suspended."

Section4.The stipulations of section 42 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section42.If, during the period of time designated by a court in accordance with section 41, the person against whom a court has issued a judgment has committed an offence which is not a negligent offence or petty offence or which carries a punishment not higher than that for a petty offence, and will be adjudged by a court to imprisonment for such an offence, the court adjudging the subsequent case shall designate the punishment the designation of which has been suspended in the previous case and add it to the punishment in the subsequent case, or shall add the punishment the imposition of which has been suspended in the previous case to the punishment in the subsequent case, as the case may be.

However, if he did not commit the offence as said in paragraph 1 during the period of time designated by the court in accordance with section 41, he shall be discharged from the probability to incur the punishment in that case."

Section5.The stipulations of section 57 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section57.⁠A child aged above seven years but still not over fourteen 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; or

(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 one thousand baht, which the father, mother, or guardian will have to pay to the court every time the child causes the unfavourable incident;

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; 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; or

(3)⁠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 41; in such event, the court shall appoint a probation official or any other official to supervise the behaviour of the child; or

(4)⁠if the child has no father, mother, or guardian, or has one whom the court, however, finds unable to take care of the child, or if the child resides with another person than the father, mother, or guardian, and the person does not accept such ordinance as said in (2), the court may issue an order entrusting the child to a person or organisation that the court finds appropriate for the purpose of providing care, instruction, and teaching for a period of time designated by the court, when the person or organisation consents thereto; in such event, the person or organisation shall have the power as a guardian only for the purpose of providing care, instruction, and teaching, as well as for designating the residence and arranging for the child to carry out work as appropriate; or

(5)⁠the child may be committed to a school, or place of training and instruction, or place set up for training and instructing children, throughout a period of time designated by the court but not longer than the time the child completes the eighteenth year of age.

As for the court orders as said in (2), (3), (4), and (5), if, at any moment during the period of time designated by the court, it becomes known to the court proprio motu or from a motion of an interested person, a public prosecutor, or the person or organisation that the court has entrusted the child to for the purpose of providing care, instruction, and teaching, or an officer that the circumstances relating to those orders have changed, the court shall have the power to change or modify the orders or issue new orders by virtue of the power under this section."

Section6.The stipulations of section 58 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section58.⁠A child aged above fourteen years but still not over seventeen years who committed an act prescribed by the law to be an offence may, by the court after considering his sense of right and wrong, be dealt with in accordance with the stipulations of section 57 or punished after having the scale of punishment designated for his offence decreased by one half."

Section7.The following stipulations shall be inserted in the Penal Code as section 58bis:

"Section58bis.⁠Whoever aged above seventeen years or but still not over twenty years commits an act prescribed by the law to be an offence may have the scale of punishment designated for his offence decreased by one third or one half, if the court finds it appropriate.

Section8.The following stipulations shall be inserted in the Penal Code as section 58ter:

"Section58ter.⁠In the event a court has laid down an ordinance requiring the father, mother, guardian, or person with whom the child resides to prevent the child from causing an unfavourable incident in accordance with the stipulations of section 57(2), if the child causes the unfavourable incident during the period of time according to the ordinance, the court shall have the power to direct the father, mother, guardian, or person with whom the child resides to make within the time the court finds appropriate a payment not over the amount mentioned in the ordinance. If the father, mother, guardian, or person with whom the child resides fails to may the payment, the court may order seizure of the property of the father, mother, guardian, or person with whom the child resides, to cover the amount which needs to be paid."

Countersignatory:
Field Marshal P Phibunsongkhram
Prime Minister

Bibliography

• "Phra Ratcha Banyat Kaekhaiphoemtoem Kotmai Laksana Aya (Chabap Thi Sip-ha) Phoso Song Phan Si Roi Kaosip Hok" [Act Amending the Penal Code (No. 14), 2494 BE]. (1951, 3 July). Ratchakitchanubeksa [Royal Gazette], 68(43A), 960–968. (In Thai).