Translation:Criminal Code Amendment Act, 2502 BE

by Constitution Drafting Assembly of Thailand (1959)

Table of contents

Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to section 147: conversion by officer
4. Amendment to section 148: abuse of power for undue benefit
5. Amendment to section 149: bribery
6. Amendment to section 150: performance or forbearance of an act by an officer in consideration of undue benefit
7. Amendment to section 151: breach of the duty to buy, create, manage, or preserve things
8. Amendment to section 152: conflict of interest
9. Amendment to section 153: breach of the duty to distribute things
10. Amendment to section 154: breach of the duty to collect taxes
11. Amendment to section 155: breach of the duty to designate prices
12. Amendment to section 156: breach of the duty to audit accounts
13. Amendment to section 157: wrongful or dishonest performance or omission of duty
14. Amendment to section 201: judicial bribery
15. Amendment to section 202: performance or forbearance of an act by a judicial officer in consideration of undue benefit

Statement of grounds

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Seal of the Royal Command

Criminal Code Amendment
Act,
2502 BE

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Bhumibol Adulyadej R
Given on the 15th day of July 2502 BE
Being the 14th year of the present reign

His Majesty King Maha Bhumibol Adulyadej 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 Constitution Drafting Assembly in its capacity as the National Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Criminal Code Amendment Act, 2502 BE.

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

Section3.The disposition of section 147 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section147.Whoever, being an officer having the duty to buy, create, manage, or preserve any thing, dishonestly converts such thing to himself or another person, or dishonestly allows another person to take such thing, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht.”

Section4.The disposition of section 148 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section148.Whoever, being an officer, wrongfully exercises the power of his position to coerce or induce any person into giving or fetching him or another person property or any other benefit, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht, or death.”

Section5.The disposition of section 149 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section149.Whoever, being an officer, member of a state legislature, member of a provincial council, or member of a municipal council, wrongfully demands, receives, or agrees to receive property or any other benefit for himself or another person for doing or refraining from doing any act in his position, regardless of whether or not such act is permissible under his duty, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht, or to death.”

Section6.The disposition of section 150 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section150.Whoever, being an officer, does or refrains from doing any act in his position in consideration of the property or any other benefit which he has demanded, received, or agreed to receive before being appointed as an officer in such position, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht.”

Section7.The disposition of section 151 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section151.Whoever, being an officer having the duty to buy, create, manage, or preserve any thing, dishonestly exercises the power of his position, thereby damaging the State, a municipality, a sanitary administration, or the owner of such thing, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht.”

Section8.The disposition of section 152 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section152.Whoever, being an officer having the duty to manage or take care of any activity, concerns himself with such activity so as to benefit himself or another person, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.”

Section9.The disposition of section 153 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section153.Whoever, being an officer having the duty to distribute things, distributes those things in excess of the distributable quantity so as to benefit himself or another person, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.”

Section10.The disposition of section 154 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section154.Whoever, being an officer having the duty to or presenting himself as having the duty to collect or audit a tax, duty, fee, or any other money, dishonestly collects or omits to collect such tax, duty, fee, or money, or does or refrains from doing any act in order to allow a person who has the duty to pay that tax, duty, or fee to not pay it or to pay it less than is required, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht.”

Section11.The disposition of section 155 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section155.Whoever, being an officer having the duty to designate the price of any property or merchandise in order to collect a tax, duty, or fee according to the law, dishonestly designates the price of such property or merchandise in order to allow a person who has the duty to pay that tax, duty, or fee to not pay it or to pay it less than is required, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht.”

Section12.The disposition of section 156 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section156.Whoever, being an officer having the duty to audit an account according to the law, dishonesty gives advice or does or refrains from doing any act in order to allow the omission of an entry from the account, the making of a false entry in the account, the modification of the account, or the hiding or creation of evidence in relation to the making of an entry in the account which would result in a tax, duty, or fee not being paid or being paid less than is required, shall be punished with imprisonment from five years to twenty years, or mprisonment for life, and a fine from two thousand baht to forty thousand baht.”

Section13.The disposition of section 157 of the Criminal Code shall be repealed and replaced by the following disposition:

“Section157.Whoever, being an officer, wrongfully performs or omits to perform a duty in order to damage any person, or dishonestly performs or omits to perform a duty, shall be punished with imprisonment from one year to ten years, or a fine from two thousand baht to twenty thousand baht, or both the imprisonment and the fine.”

Section14.The disposition of section 201 of the Criminal Code shall be repealed and replaced by the following disposition:

Section201.Whoever, being an officer in a position of judge, public prosecutor, police prosecutor, or inquiry officer, wrongfully demands, receives, or agrees to receive property or any other benefit for himself or another person in order to do or refrain from doing any act in such position, regardless of whether or not it is permissible under his duty, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht, or death.

Section15.The disposition of section 202 of the Criminal Code shall be repealed and replaced by the following disposition:

Section202.Whoever, being an officer in a position of judge, public prosecutor, police prosecutor, or inquiry officer, does or refrains from doing any act in such position in consideration of the property or any other benefit which he has demanded, received, or agreed to receive before being appointed to the position, shall be punished with imprisonment from five years to twenty years, or imprisonment for life, and a fine from two thousand baht to forty thousand baht, or death.

Countersignature
Field Marshal S Thanarat
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas the commission of the offences against public office and offences against judicial office severely damages the State and the public but the rates of punishment governing these offences as provided in the law at present are immoderately low, it is appropriate to amend them by hightening them and to also designate the minimum rates of punishment in order that the prevention and suppression of the mentioned offences would further yield better results.