Translation:Criminal Code Amendment Act (No 27), 2562 BE
Table of contents
- Act
- Preamble
- Section
- Title
- Commencement
- Amendment to section 1: definition of "sexual intercourse"
- Amendment to section 276: rape
- Amendment to section 277: intercourse with child
- Amendment to section 277bis: aggravating clauses
- Amendment to section 277ter: aggravating clauses
- Amendment to section 278: aggravating clauses
- Amendment to sections 279–280: indecency with child; aggravating clauses
- Insertion of section 280/1: aggravating clauses
- Amendment to section 281: compoundability
- Amendment to section 285: aggravating clauses
- Insertion of section 285/2: aggravating clauses
- Amendment to section 286: exploitation of prostitute
- Amendment to section 366/1: necrophilia
- Statement of grounds
Volume 136Issue 69A
Royal Gazette
27 May 2562
Criminal Code Amendment
Act (No 37),
2562 BE
Phrabat Somdet Phra Paramenthra
Ramathipbodi Sisinthra Maha Vajiralongkorn
Phra Wachiraklao Chaoyuhua
Given on the 24th day of May 2562 BE
Being the 4th year of the present reign
His Majesty King Ramathipbodi Sisinthra Maha Vajiralongkorn Phra Wachiraklao Chaoyuhua is pleased to give a Great Royal Command that it be announced as follows:
Whereas it is appropriate to amend the Criminal Code;
Therefore, by and with the advice and consent of the National Assembly, He is graciously pleased to enact the following Act:
Section1.This Act is called the Criminal Code Amendment Act (No 27), 2562 BE.
Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.
Section3.The following disposition shall be inserted in the Criminal Code as (18) of section 1:
“(18)‘sexual intercourse’ means the act done to gratify the lust of the doer, in which the genital organ of the doer is used to penetrate the genital organ, anus, or oral cavity of another person”.
Section4.The dispositions of section 276 of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 26), 2560 BE, shall be repealed and replaced by the following dispositions:
“Section276.Whoever forcibly performs sexual intercourse with another person by threatening in any manner, by exercising forcible violence, whilst the latter is incapable of resistance, or by making the latter mistake him for a different person, shall be punished with imprisonment from four years to twenty years and a fine from eighty thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed by making the victim understand that the offender has a firearm or explosive, the punishment shall be imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, the punishment shall be imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or life imprisonment.
If the offence under paragraph 1 is committed between spouses and those spouses still wish to live and cohabit together as husband and wife, the court may impose a punishment lighter in any degree than that designated by the law or may designate conditions for supervision of behaviour instead of imposing a punishment. In the event that the court gives a judgment imposing imprisonment and either spouse does not wish to live and cohabit with the other as husband and wife any longer and wishes for divorce, that spouse shall notify the court and the court shall notify a public prosecutor to institute a divorce action.”
Section5.The dispositions of section 277 of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 23), 2558 BE, shall be repealed and replaced by the following dispositions:
“Section277.Whoever performs sexual intercourse with a child still not older than fifteen years who is not his own wife or her own husband, whether with or without the consent of that child, shall be punished with imprisonment from five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht.
If the offence under paragraph 1 is committed against a child who is still not older than thirteen years, the punishment shall be imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 or 2 is committed by making the victim understand that the offender has a firearm or explosive, the punishment shall be imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 1 or 2 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy, the punishment shall be imprisonment for life.
As for the offence provided in paragraph 1, if it is committed by a person who is not older than eighteen years against a child who is older than thirteen years but still not than fifteen years with the consent of that child, the court having the power to try juvenile and family cases may consider implementing the welfare protection for the child victim or the offender according to the law on child protection instead of imposing a punishment. In exercising the consideration, the court shall also take into account the age, background, behaviour, intelligence, education, health, mental condition, habit, occupation, and environment of the offender and the child victim, relationships between the offender and the child victim, or other suitable causes for the benefit of the child victim.
In the event that the welfare protection under the law on child protection has been implemented for the child victim or the offender, the offender is no longer required to be punished. But if the said welfare protection is unsuccessful, the court may punish the offender more lightly in any degree than that designated by the law for the offence. In exercising the consideration, the court shall also take into account the causes according to paragraph 5.”
Section6.The disposition of section 277bis of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 26), 2560 BE, shall be repealed and replaced by the following disposition:
“Section277bis.If the offence under section 276, paragraph 1, or section 277, paragraph 1 or 2, causes to the victim—
(1)serious harm, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or imprisonment for life;
(2)death, the offender shall be punished with death or imprisonment for life.”
Section7.The disposition of section 277ter of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 20), 2550 BE, shall be repealed and replaced by the following disposition:
“Section277ter.If the offence under section 276, paragraph 3, or section 277, paragraph 4, causes to the victim—
(1)serious harm, the offender shall be punished with death or imprisonment for life;
(2)death, the offender shall be punished with death.”
Section8.The following dispositions shall be inserted in the Criminal Code as paragraphs 2, 3, and 4 of section 278:
“If the offence under paragraph 1 is committed by penetrating the genital organ or anus of such person with an object or any other organ than the genital organ, the offender shall be punished with imprisonment from four years to twenty years and a fine from eighty thousand baht to four hundred thousand baht.
If the offence under paragraph 2 is committed by making the victim understand that the offender has a firearm or explosive, the punishment shall be imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht.
If the offence under paragraph 2 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, the punishment shall be imprisonment from fifteen years to twenty years and a fine from three hundred thousand baht to four hundred thousand baht, or imprisonment for life.”
Section9.The dispositions of sections 279 and 280 of the Criminal Code, which have been amended by the Criminal Code Amendment Act (No 20), 2550 BE, shall be repealed and replaced by the following dispositions:
“Section279.Whoever commits indecency with a child who is still not older than fifteen years, whether with or without the consent of that child, shall be punished with imprisonment not over ten years, or a fine not over two hundred thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 is committed against a child who is still not older than thirteen years, the punishment shall be imprisonment from one year to ten years, or a fine from twenty thousand baht to two hundred thousand baht, or both the imprisonment and the fine.
If the offender commits the offence under paragraph 1 or 2 by threatening in any manner, by exercising forcible violence, whilst the child is incapable of resistance, or by making the child mistake him for a different person, he shall be punished with a punishment of imprisonment from one year to fifteen years, or a fine from twenty thousand baht to three hundred thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 or 3 is committed by penetrating the genital organ or anus of the child with an object or any other organ other than the genital organ, the punishment shall be imprisonment from five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht.
If the offence under paragraph 4 is committed against a child who is still not older than thirteen years, the punishment shall be imprisonment from seven years to twenty years and a fine from one hundred and forty thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 4 or 5 is committed by making the victim understand that the offender has a firearm or explosive, the punishment shall be imprisonment from ten years to twenty years and a fine from two hundred thousand baht to four hundred thousand baht, or imprisonment for life.
If the offence under paragraph 4 or 5 is committed whilst having a firearm or explosive, or by using a weapon, or through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy, the punishment shall be imprisonment for life.
Section280.If the offence under section 28 or 279 causes to the victim—
(1)serious harm, the offender shall be punished with imprisonment from five years to twenty years and a fine from one hundred thousand baht to four hundred thousand baht, or imprisonment for life;
(2)death, the offender shall be punished with death or imprisonment for life.”
Section10.The following dispositions shall be inserted in the Criminal Code as section 280/1:
“Section280/1.If the offender under section 276, 277, 278, or 279 has recorded pictures or sounds of the act of sexual intercourse or indecency with a view to seeking undue benefit for himself or another person, he shall be punished one-third more heavily than that provided in such section.
If the offender under paragraph 1 has disseminated or forwarded the recorded pictures or sounds of the act of sexual intercourse or indecency, he shall be punished one-half more heavily than that provided in such section.”
Section11.The disposition of section 281 of the Criminal Code, which has been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 Buddhist Era, shall be repealed and replaced by the following disposition:
“Section281.The offences under the following sections are compoundable:
(1)section 276, paragraph 1, and section 278, paragraph 2, when committed between spouses and not occurring in the presence of others or not causing serious harm or death to the victim;
(2)section 278, paragraph 1, when not occurring in the presence of others, not causing serious harm or death to the victim, or not committed against any of the persons specified in sections 285 and 285/2.”
Section12.The disposition of section 285 of the Criminal Code, which has been amended by the Announcement of the Revolutionary Party No 11 dated 21 November 2514 Buddhist Era, shall be repealed and replaced by the following disposition:
“Section285.If the offence under section 276, 277, 277bis, 277ter, 278, 279, 280, 282, or 283 is committed against an ascendant, a descendant, a full or half brother or sister, a consanguineous relative, a pupil under his care, a person placed under his control owing to a public duty, a person under his guardianship, custodianship, or curatorship, or a person otherwise subjected to his power, the offender shall be punished one-third more heavily than that provided in such section.”
Section13.The following disposition shall be inserted in the Criminal Code as section 285/2:
“Section285/2.If the offence under section 276, 277, 277bis, 277ter, 278, or 279 is committed against a person incapable of self-defence owing to infirmity, mental defect, mental disease, or mental disorder, a sick person, an elderly person, a pregnant woman, or a person incapable of discerning right from wrong, the offender shall be punished one-third more heavily than that provided in such section.”
Section14.The disposition of section 286 of the Criminal Code, which has been amended by the Criminal Code Amendment Act (No 26), 2560 BE, shall be repealed and replaced by the following disposition:
“Section286.Whoever commits the following in any manner shall be punished with imprisonment of not over twenty years and a fine of not over four hundred thousand baht, or imprisonment for life:
(1)assisting, facilitating, or protecting the prostitution of another person;
(2)deriving benefit of any form from the prostitution of another person or from a prostitute;
(3)forcing, threatening, deceiving, or exercising influence over another person or accepting another person into employment for prostitution;
(4)arranging for prostitution between a prostitute and a client;
(5)concealing or misrepresenting the source of the income or property obtained through prostitution;
(6)being together with or associating with one or several prostitutes habitually and being unable to demonstrate the source of the income for his own living;
(7)obstructing the operations of an agency in charge of preventing, controlling, assisting, or educating a prostitute, a person who is to engage in prostitution, or a person who is likely to be harmed by prostitution.[1]
The dispositions of (2) and (6) of paragraph 1 shall not apply to the recipients of any form of benefit which they are legally or morally entitled to receive.”
Section15.The disposition of section 366/1 of the Criminal Code, which has been amended by the Criminal Code Amendment Act (No 22), 2558 BE, shall be repealed and replaced by the following disposition:
“Section366/1.Whoever gratifies his own lust by penetrating with his own genital organ the genital organ, anus, or oral cavity of a corpse, shall be punished with imprisonment of not over three years, or a fine of not over sixty thousand baht, or both the imprisonment and the fine.”
Countersignature
General Prayut Chan-o-cha
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Whereas it is appropriate to improve the definition of the term “sexual intercourse” in the provisions on offences relating to sexuality and the provisions on offences relating to corpses in the Criminal Code so as to make it clear and compatible with the natural characteristics of sexual intercourse, and improve the provisions on certain offences relating to sexuality so as to increase the efficacy of law enforcement, to extend protection to various groups of sex victims, as children, persons under offenders’ power, and persons incapable of self-defence, and to prevent acts of taking advantage of or deriving benefit from prostitutes or prostitution, it is therefore necessary to enact this Act.
- ↑ Compare this section with article 225-6 of the French Penal Code, which provides:
“[The following, committed] by anyone in any manner whatsoever, are assimilated to proxenetism and punishable by the penalties provided in article 225-5:
- acting as an intermediary between two persons, of whom one engages in prostitution and the other exploits or remunerates the prostitution of another;
- facilitating the justification of the fictitious resources by a proxenet;
- being unable to justify the resources compatible with one’s lifestyle whilst living with a person who habitually engages in prostitution or whilst being in a habitual relationship with one or more persons engaging in prostitution;
- obstructing the action undertaken by qualified organisations for prevention, control, assistance, or reeducation with regard to persons in danger of prostitution or engaging in prostitution.”
Reference: "Article 225-5, modifié par Loi 2003-239 2003-03-18 art. 50 1° JORF 19 mars 2003". legifrance.gouv.fr (in French). 2003. (Wikisource contributor note)
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