Translation:Act Promulgating a Penal Code, 2499 BE

by by House of People's Representatives of Thailand

Seal of the Royal Command

Act
Promulgating a Penal Code,
2499 BE^[1]

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Bhumibol Adulyadej R

Given on the 13th day of November 2499 BE
Being the 11th year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to improve criminal laws anew, for the circumstances in the Country have changed a great deal since promulgation of the Penal Code^[2] in 2451 Buddhist Era;^[3]

Therefore, by and with the advice and consent of the House of People's Representatives, He orders with His gracious pleasure that the following Act be enacted:

Section⁠1.⁠This Act is called the "Act Promulgating a Penal Code, 2499 BE".

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

Section⁠3.⁠The Penal Code at the end of this Act shall come into force from the 1st day of January 2500 BE^[4] onwards.

Section⁠4.⁠Upon coming into force of the Penal Code [at the end of this Act] has come into force, the Penal Code [of 2451 BE] shall be repealed.

Section⁠5.⁠In the event that any law has designated a punishment by referring to the punishment for a petty offence under the [old] Penal Code, such law shall, upon coming to force of the [new] Penal Code, be deemed to refer to the following punishment:

if it refers to the first class punishment, it means a fine not over one hundred baht;

if it refers to the second class punishment, it means a fine not over five hundred baht;

if it refers to the third class punishment, it means imprisonment not over ten days, or a fine not over five hundred baht, or both such imprisonment and fine;

if it refers to the fourth class punishment, it means imprisonment not over one month, or a fine not over one thousand baht, or both such imprisonment and fine.

Section⁠6.⁠Upon coming into force of the [new] Penal Code, the [new] Penal Code shall be applied in [regard to] the imprisonment [imposed] in lieu of a fine according to any law, irrespective of however such law may have provided. However, in regard to an offence which has been committed prior to the day of coming into force of the [new] Penal Code, the confinement shall not last more than one year for a fine [imposed] on a single count or two years for a fine [imposed] on several counts.

Section⁠7.⁠In regard to^[5] the safety measure under section 46 of the [new] Penal Code, the provisions of the Criminal Procedure Code shall be applied as if it were a criminal offence. However, the detention pending inquiry shall not last more than forty-eight hours reckoned from the time the arrested person arrives at the office of the administrative or police official, provided that the usual time of travel to bring the arrested person to the court shall not be included in such time limit of forty-eight hours.

Section⁠8.⁠Once the [new] Penal Code has come into force, [if] any legal provision refers to the [old] Penal Code or refers to a provision of the [old] Penal Code, it shall be deemed that such legal provision refers to the [new] Penal Code or [refers to] the provision of the [new] Penal Code which has the same gist, as the case may be.

Countersignatory:
Field Marshal P. Phibunsongkhram
Prime Minister

Note: The grounds for promulgation of this Act are as follows: The Penal Code of 127 RE^[6] has long been promulgated and has, in many parts, undergone scattering amendments. In consequence, it is appropriate for them to be reviewed and revised and brought into the form of a single penal code.

In addition, it appears that certain principles and certain methods for infliction of punishments should be adjusted to suit the time and the approval of all countries, [since] some of the old rules are now obsolete and should be improved in keeping with the principles of the administration under the regime of democracy.

Notes

1. 1956 CE.
2. The Penal Code promulgated by King Chulalongkorn in 2451 BE (1908 CE) is known in Thai as Kotmai Laksana Aya (Thai: กฎหมายลักษณะอาญา; literally, "Law on Penalty"). The Penal Code promulgated by the present act is known in Thai as Pramuan Kotmai Aya (Thai: ประมวลกฎหมายอาญา; literally, "Code of Penal Laws").
3. The year 2451 BE started on 1 April 1908 CE and ended on 31 March 1909 CE. When the Penal Code of 2451 BE was promulgated, it was 1908 CE.
4. 1957 CE.
5. Originally, "in the event".
6. Referring to the Penal Code of 2451 BE (1908 CE). The Rattanakosin Era (RE, sometimes found abbreviated as RS, from the Thai name Rattanakosin Sok) is a historical calendar and refers to the era of the Rattanakosin Kingdom.

Bibliography

• "Phra Ratchabanyat Hai Chai Pramuan Kotmai Aya Phoso Song Phan Si Roi Kaosip Kao" [Act Promulgating a Penal Code, 2499 BE]. Royal Thai Government Gazette (in Thai) 73 (95A Special): 1–4, 171. 1956-11-15.