Translation:Criminal Code Amendment Act (No 22), 2558 BE
Table of contents
- Act
- Preamble
- Section
- Title
- Commencement
- Amendment to section 1: definition of "officer"
- Amendment to section 102: definition of "petty offence"
- Insertion of sections 366/1 to 366/4: offences relating to corpses
- Amendment to rates of punishment for petty offences
- Amendment to rates of punishment for petty offences
- Amendment to section 397: harassment
- Amendment to rates of punishment for petty offences
- Statement of grounds
- Corrections
Volume 132Issue 10A
Royal Gazette
13 February 2558
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Criminal Code Amendment
Act (No 22),
2558 BE
Bhumibol Adulyadej R
Given on the 9th day of February 2558 BE
Being the 70th 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 National Legislative Assembly, He is graciously pleased to enact the following Act:
Section1.This Act is called the Criminal Code Amendment Act (No 22), 2558 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 (16) of section 1:
“(16)‘officer’ means a person whom the law provides to be an officer or who has been appointed in accordance with the law to perform a public duty, whether on a regular basis or for an occasion and whether or not receiving remuneration therefor”.
Section4.The disposition of section 102 of the Criminal Code shall be repealed and replaced by the following disposition:
“Section102.A petty offence is an offence punishable with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section5.The following dispositions shall be inserted in Division 2 Offences, of the Criminal Code, as Title 13 Offences relating to corpses, sections 366/1, 366/2, 366/3, and 366/4:
“Title 13
Offences relating to corpses
Section366/1.Whoever performs sexual intercourse with a corpse shall be punished with imprisonment of of not over three years, or a fine of of not over sixty thousand baht, or both the imprisonment and the fine.
In paragraph 1, sexual intercourse means the act done to gratify the lust of the doer, in which the genital organ of the doer is used against the genital organ, anus, or oral cavity of the corpse or any other thing is used against the genital organ or anus of the corpse.
Section366/2.Whoever commits indecency with a corpse shall be punished with imprisonment of of not over two years, or a fine of of not over forty thousand baht, or both the imprisonment and the fine.
Section366/3.Whoever, without reasonable cause, damages, dislocates, destroys, depreciates, or causes to be useless a corpse, a part of a corpse, cremated bones, or ashes 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.
Section366/4.Whoever commits in any manner an act of insulting or desecrating a corpse shall be punished with imprisonment of not over three months, or a fine of not over five thousand baht, or both the imprisonment and the fine.”
Section6.The rates of punishment under sections 367, 368, paragraphs 1 and 2, 369, 370, 371, 372, 373, 374, 375, 376, 377, 378, 379, 380, 381, 382, 383, 384, 385, 386, 387, 388, 389, 390, 391, 392, 394, 395, and 396 of the Criminal Code shall be repealed and replaced by the following rates of punishment:
Section 367: “...shall be punished with a fine of not over one thousand baht.”
Section 368, paragraph 1: “...shall be punished with imprisonment of not over ten days, or a fine of not over five thousand baht, or both the imprisonment and the fine.”
Section 368, paragraph 2: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 369: “...shall be punished with a fine of not over five thousand baht.”
Section 370: “...shall be punished with a fine of not over one thousand baht.”
Section 371: “...shall be punished with a fine of not over one thousand baht, and the court shall have the power to order confiscation of such weapon.”
Section 372: “...shall be punished with a fine of not over five thousand baht.”
Section 373: “...shall be punished with a fine of not over five thousand baht.”
Section 374: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 375: “...shall be punished with a fine of not over five thousand baht.”
Section 376: “...shall be punished with imprisonment of not over ten days, or a fine of not over five thousand baht, or both the imprisonment and the fine.”
Section 377: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 378: “...shall be punished with a fine of not over five thousand baht.”
Section 379: “...shall be punished with imprisonment of not over ten days, or a fine of not over five thousand baht, or both the imprisonment and the fine.”
Section 380: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 381: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 382: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 383: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 384: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 385: “...shall be punished with a fine of not over five thousand baht.”
Section 386: “...shall be punished with a fine of not over five thousand baht.”
Section 387: “...shall be punished with a fine of not over five thousand baht.”
Section 388: “...shall be punished with a fine of not over five thousand baht.”
Section 389: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 390: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 391: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 392: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 394: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section 395: “...shall be punished with a fine of not over five thousand baht.”
Section 396: “...shall be punished with a fine of not over five thousand baht.”
Section7.The rate of punishment under section 393 of the Criminal Code, which has been amended by the Order of the National Administrative Reform Council No 41 dated 21 October 2519 BE, shall be repealed and replaced by the following rate of punishment:
Section 393: “...shall be punished with imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.”
Section8.The dispositions of section 397 of the Criminal Code shall be repealed and replaced by the following dispositions:
“Section397.Whoever commits against another person in any manner an act of bullying, oppressing, menacing, or subjecting to humiliation or annoyance, shall be punished with a fine of not over five thousand baht.
If the offence under paragraph 1 is committed in a public place or in the presence of others, or is is characteristic of sexual molestation, the punishment shall be imprisonment of not over one month, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 2 is committed by exploiting the superior power which the offender has over the victim due to his role as a commander, employer, or other superior, the punishment shall be imprisonment of not over one month and a fine of not over ten thousand baht.”
Section9.The rate of punishment under section 398 of the Criminal Code, which has been amended by the Criminal Code Amendment Act (No 8), 2530 BE, shall be repealed and replaced by the following rate of punishment:
Section 398: “...shall be punished with imprisonment of not over one month, or a fine of not over ten 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: The trial of cases nowadays encounters disputes as to the meaning of the term “public officer”, making it appropriate to designate a clear definition for the term “public officer”. Moreover, the Criminal Code has not yet designated offences relating to corpses, that is, commission of sexual intercourse with corpses, commission of indecency with corpses, causing of damage to corpses, and insult to or desecration of corpses, which violate the family rights of persons, honour, and reputation as recognised by sections 4 and 35 of the Constitution of the Kingdom of Thailand, making it appropriate to establish provisions for the mentioned offences. Furthermore, section 397 of the Criminal Code only deals with acts of bullying, oppressing, or causing humiliation or annoyance in a public place or in the presence of others, which do not cover acts committed in a private place, acts of menacing, acts characteristic of sexual molestation, and acts committed by exploiting the superior power which the offender has over the victim, making it appropriate to criminalise the mentioned acts in order to protect the rights of persons to privacy as also recognised by section 35 of the Constitution of the Kingdom of Thailand. In addition, the rates of fine for petty offences are still not compatible with the economic and social conditions of the Country, making it appropriate to improve the rates of fine in line with the present situation. It is therefore necessary to enact this Act.
Volume 132Issue 11A
Royal Gazette
16 February 2558
Corrections
Criminal Code
Amendment Act (No 22), 2558 BE, as published in the Royal Gazette, Legislation Series
| Volume 132 | Issue 10A Page 47 |
13 February 2558 In lines 5 and 6, the phrase “as recognised by sections 4 and 35 of the Constitution of the Kingdom of Thailand” shall be removed. In lines 10 and 11, the phrase “as recognised by section 35 of the Constitution of the Kingdom of Thailand” shall be removed. |
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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