Translation:Criminal Code Promulgation Act, 2499 BE
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Criminal Code Promulgation
Act,
2499 BE
Bhumibol Adulyadej R
Given on the 13th day of November 2499 BE
Being the 11th 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 improve criminal laws anew, for the circumstances of the Country have changed a great deal since promulgation of the Penal Code in 2451 Buddhist Era;[2]
Therefore, by and with the advice and consent of the House of Representatives, He is graciously pleased to enact the following Act:
Section1.This Act is called the Criminal Code Promulgation Act, 2499 BE.
Section2.This Act shall enter into operation from the day following the day of its publication in the Royal Gazette onwards.
Section3.The Criminal Code at the end of this Act shall enter into operation from the 1st day of January 2500 BE[3] onwards.
Section4.Once the Criminal Code has entered into operation, the Penal Code shall be repealed.
Section5.Once the Criminal Code has entered into operation, if there is any law designating a punishment by referring to the punishment for a petty offence under the Penal Code, such law shall be deemed to refer to the following punishment:
if it refers to the first class punishment, it means a fine of not over one hundred baht;
if it refers to the second class punishment, it means a fine of not over five hundred baht;
if it refers to the third class punishment, it means imprisonment of not over ten days, or a fine of not over five hundred baht, or both the imprisonment and the fine;
if it refers to the fourth class punishment, it means imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section6.Once the Criminal Code has entered into operation, the Criminal Code shall apply to the imprisonment imposed instead of a fine according to any law, regardless of whatever such law might have provided. However, as for an offence committed prior to the day of entry into operation of the Criminal Code, confinement shall not last more than one year for a fine imposed upon a single count or two years for a fine imposed upon several counts.
Section7.As for the safety measure under section 46 of the Criminal Code, the provisions of the Criminal Procedure Code shall apply as if it were a criminal offence. However, custody pending inquiry shall not last more than forty-eight hours from the time the arrested person arrives at the office of the administrative or police officer, in which forty-eight-hour period the usual time of the travel to bring the arrested person to the court shall not be included.
Section8.Once the Criminal Code has entered into operation, if any provision of law refers to the Penal Code or to a provision of the Penal Code, it shall be deemed that such provision of law refers to the Criminal Code or to the provision of the corresponding section of the Criminal Code, as the case may be.
Countersignature
Field Marshal P Phibunsongkhram
Prime Minister
Contents
Criminal Code
| Division 1 | General provisions | Sections | |||
| Title 1 | Provisions applicable to general offences | ||||
| Chapter 1 | Definitions | 1 | |||
| Chapter 2 | Application of criminal law | 2–17 | |||
| Chapter 3 | Punishments and safety measures | ||||
| Part 1 Punishments | 18–38 | ||||
| Part 2 Safety measures | 39–50 | ||||
| Part 3 Methods for increase, decrease, and suspension of punishments | 51–58 | ||||
| Chapter 4 | Criminal liability | 59–79 | |||
| Chapter 5 | Attempts | 80–82 | |||
| Chapter 6 | Principals and aiders | 83–89 | |||
| Chapter 7 | Concurrence of offences or counts | 90–91 | |||
| Chapter 8 | Recidivism | 92–94 | |||
| Chapter 9 | Limitation | 95–101 | |||
| Title 2 | Provisions applicable to petty offences | 102–106 | |||
| Division 2 | Offences | ||||
| Title 1 | Offences relating to security of the Kingdom | | |||
| Chapter 1 | Offences against the King, Queen, Heir to the Throne, and Regent | 107–112 | |||
| Chapter 2 | Offences against internal security of the Kingdom | 113–118 | |||
| Chapter 3 | Offences against external security of the Kingdom | 119–129 | |||
| Chapter 4 | Offences against relations with foreign countries | 130–135 | |||
| Title 2 | Offences relating to administration | ||||
| Chapter 1 | Offences against officers | 136–146 | |||
| Chapter 2 | Offences against public office | 147–166 | |||
| Title 3 | Offences relating to justice | ||||
| Chapter 1 | Offences against judicial officers | 167–199 | |||
| Chapter 2 | Offences against judicial office | 200–205 | |||
| Title 4 | Offences relating to religions | 206–208 | |||
| Title 5 | Offences relating to public tranquillity | 209–216 | |||
| Title 6 | Offences relating to the causing of public danger | 217–239 | |||
| Title 7 | Offences relating to forgery and alteration | | |||
| Chapter 1 | Offences relating to currency | 240–249 | |||
| Chapter 2 | Offences relating to seals, stamps, and tickets | 250–263 | |||
| Chapter 3 | Offences relating to documents | 264–269 | |||
| Title 8 | Offences relating to trade | 270–275 | |||
| Title 9 | Offences relating to sexuality | 276–287 | |||
| Title 10 | Offences relating to life and body | ||||
| Chapter 1 | Offences against life | 288–294 | |||
| Chapter 2 | Offences against body | 295–300 | |||
| Chapter 3 | Offences of abortion | 301–305 | |||
| Chapter 4 | Offences of abandonment of children, sick persons, or elderly persons | 306–308 | |||
| Title 11 | Offences relating to liberty and reputation | ||||
| Chapter 1 | Offences against liberty | 309–321 | |||
| Chapter 2 | Offences of disclosure of secrets | 322–325 | |||
| Chapter 3 | Offences of defamation | 326–333 | |||
| Title 12 | Offences relating to things | ||||
| Chapter 1 | Offences of theft and snatching | 334–336 | |||
| Chapter 2 | Offences of extortion, blackmail, robbery, and gang robbery | 337–340 | |||
| Chapter 3 | Offences of defrauding | 341–348 | |||
| Chapter 4 | Offences of fraud against creditors | 349–351 | |||
| Chapter 5 | Offences of embezzlement | 352–356 | |||
| Chapter 6 | Offences of receiving stolen goods | 357 | |||
| Chapter 7 | Offences of mischief | 358–361 | |||
| Chapter 8 | Offences of trespass | 362–366 | |||
| Division 3 | Petty offences | 367–398 | |||
Section1.In this Code—
(1)“dishonestly” means with a view to seeking for oneself or another person a benefit which, according to the law, should not be obtained;
(2)“public way” means a land course or water course for use by people in transportation, and shall also include a trainway or tramway where a wheeled vehicle runs for carriage of people;
(3)“public place” means any place which people are entitled to enter;
(4)“dwelling place” means a place used as a residence, such as a house, hall, vessel, or floating house where a human resides, and shall include the surroundings of such a residential place, whether or not fenced;
(5)“weapon” includes a thing which is not a weapon by nature but is used or intended to be used to inflict violence upon the body to the degree of causing serious harm as a weapon does;
(6)“forcible violence” means violence inflicted upon the body or mind of a person, whether by use of physical force or by any other way, and shall include any act which renders any person incapable of resistance, whether by use of an intoxicating drug, by hypnosis, or by any other similar way;
(7)“document” means a sheet of paper or any other object on which a meaning is expressed through letters, figures, plans, or other designs, whether by way of printing, photography, or other way which serves as evidence of such meaning;
(8)“official document” means a document which an officer has created or certified under his duty, and shall also include a copy of such document which an officer has certified under his duty;
(9)“right document” means a document which serves as evidence of the creation, change, transfer, reservation, or termination of a right;
(10)“signature” includes a fingerprint or symbol which a person affixes instead of his signature;
(11)“night” means the interval between sunset and sunrise;
(12)“to detain” means to keep in custody, to keep under control, to constrain, to confine, or to imprison;
(13)“ransom” means property or benefit which is demanded or given in exchange for the liberty of a person taken away, restrained, or confined.
Section2.A person is required to undergo a criminal punishment only when he has committed an act which the law in operation at the time of the commission provided to be an offence and designates a punishment for, and the punishment to be imposed upon him must be the punishment provided in the law.
If, according to a provision of a subsequent law, such act is no longer an offence, the person having committed the act shall be discharged from the offender status, and if there has already been a final judgment imposing a punishment upon him, it shall be deemed that he has never been adjudged to have committed the offence, or if he is being punished, his punishment shall end.
Section3.If the law in operation at the time of the commission of the offence differs from the law in operation after the commission of the offence, the law which is favourable to the offender in any way shall apply, save where the case has already become final. However, in the event that the case has become final in the following manner:
(1)if the offender has not yet been punished or is being punished and the punishment designated by the judgment is heavier than the punishment designatable under the subsequent law, the court shall, when this is shown to the court by the file of the case or when the offender, his legal representative, his curator, or a public prosecutor makes a request, designate the punishment anew in accordance with the subsequent law; if it appears that the offender has been punished to a certain extent and the court, in designating the punishment anew, takes into account the punishment under the subsequent law and finds it appropriate, the court may designate a lighter punishment than the minimum punishment designated by the subsequent law, if any, or if finding that the offender has sufficiently been punished, the court may release him;
(2)if the court has adjudged the offender to death and, according to the subsequent law, the punishment to be imposed upon the offender is not as serious as death, the execution of the offender shall be stayed and the death punishment according to the judgment shall be deemed to have changed to the highest punishment imposable under the subsequent law.
Section4.Any person who commits an offence inside the Kingdom must be punished in accordance with the law.
An offence committed on board a Thai vessel or Thai aircraft, regardless of wherever it may be, shall be deemed to have been committed inside the Kingdom.
Section5.Any offence which has, even partially, been committed in the Kingdom, or the outcome of which occurs inside the Kingdom whilst the offender desires for such an outcome to occur inside the Kingdom, or such outcome of which should have occurred inside the Kingdom or could be foreseen to occur inside the Kingdom due to the characteristics of the commission, shall be deemed to have been committed inside the Kingdom.
As for the preparation or attempt of any act which the law provided to be an offence, although the act is committed outside the Kingdom, the preparation or attempt shall be deemed to be committed inside the Kingdom if the outcome of the act would occur inside the Kingdom had the act been committed to the point of completion.
Section6.When any offence has been committed inside the Kingdom or is deemed by this Code to have been committed inside the Kingdom, although the acts of the co-principals, aiders, or abettors were committed outside Kingdom, the principals, aiders, or abettors shall be deemed to have acted inside the Kingdom.
Section7.Any person who commits outside the Kingdom any of the offences hereafter specified must be punished inside the Kingdom, namely—
(1)offences relating to security of the Kingdom, as provided in sections 107 to 129;
(2)offences relating to forgery and alteration, as provided in sections 240 to 249, 254, 256, 257, and 266(3) and (4);
(3)offence of robbery, as provided in section 339, and offence of gang robbery, as provided in section 340, when committed on the high seas.
Section8.When any person committed an offence outside the Kingdom, and—
(a)he is a Thai person, and the government of the country where the offence occurred or the injured party requests his punishment; or
(b)he is an alien, and the injured party, which is the Thai Government or a Thai person, requests his punishment;
he must be punished inside the Kingdom, if his offence is one of the offences hereafter specified, namely—
(1)offences relating to the causing of public danger, as provided in sections 217, 218, sections 221 to 223, save when involving sections 220, paragraph 1, and 224; sections 226, 228 to 232, 237, and 233 to 236, only when liable to the punishment under section 238;
(2)offences relating to documents, as provided in sections 264, 265, 266(1) and (2), 268, save when involving section 267, and 269;
(3)offences relating sexuality, as provided in sections 276, 280, and 285, only when related to section 276;
(4)offences against life, as provided in sections 288 to 290;
(5)offences against body, as provided in sections 295 to 298;
(6)offences of abandonment of children, sick persons, or elderly persons, as provided in sections 306 to 308;
(7)offences against liberty, as provided in sections 309, 310, 312 to 315, and 317 to 320;
(8)offences of theft and snatching, as provided in sections 334 to 336;
(9)offences of extortion, blackmail, robbery, and gang robbery, as provided in sections 337 to 340
(10)offences of defrauding, as provided in sections 341 to 344, 346, and 347;
(11)offences of embezzlement, as provided in sections 352 to 354;
(12)offence of receiving stolen goods, as provided in section 357;
(13)offences of mischief, as provided in sections 358 to 360.
Section9.An officer of the Thai Government who commits outside the Kingdom any of the offences provided in sections 147 to 166 and 200 to 205 shall be punished inside the Kingdom.
Section10.Any person who committed outside the Kingdom an act constituting any of the offences specified in sections 7(2) and (3), 8, and 9, shall not once again be punished inside the Kingdom for such act if—
(1)there has been a final judgment of a foreign court acquitting him; or
(2)a foreign court has adjudged him to a punishment and he has already been discharged from the punishment.
If the adjudged person has already been punished for his act according the judgment of the foreign court but has not yet been discharged from the punishment, [a Thai] court may punish him more lightly in any degree than that provided by the law for his offence or may refrain from punishing him at all, taking into account the punishment he has already undergone.
Section11.When any person committed an offence inside the Kingdom or is deemed by this Code to have committed an offence inside the Kingdom, if he has already been punished for his act according to a judgment of a foreign court, either in whole or in part, [a Thai] court may punish him more lightly in any degree than that provided by the law for his offence or may refrain from punishing him at all, taking into account the punishment he has already undergone.
In the event that the person who committed an offence inside the Kingdom or is deemed by this Code to have committed an offence inside the Kingdom has been charged before a foreign court at the request of the Thai Government, that person shall not once again be punished inside the Kingdom for such act if—
(1)there has been a final judgment of a foreign court acquitting him; or
(2)a foreign court has adjudged him to a punishment and he has already been discharged from the punishment.
Section12.A safety measure shall be applicable to any person only when there is a legal provision permitting its application and the law to be so applied shall be the law at the time the court gives the judgment.
Section13.If any safety measure has been repealed by a provision of a subsequent law and such safety measure is being applied to any person, the court shall order termination of the application of the safety measure when this is shown to the court by the file of the case or when that person, his legal representative, his curator, or a public prosecutor makes a request.
Section14.In the event that a safety measure is being applied to any person and a provision of a subsequent law changes the conditions for ordering the application of such safety measure, as a result of which the safety measure becomes inapplicable to his case or is still applicable but the application of the safety measure according to the provision of the subsequent law is more favourable to him, when this is shown to the court by the file of the case or when that person, his legal representative, his curator, or a public prosecutor requests the court to cancel the application of the safety measure or to permit him to undergo the outcome of that legal provision, as the case may be, the court shall have the power to order as it finds appropriate.
Section15.If any punishment has been transformed into a safety measure by a provision of a subsequent law and there has been a judgment imposing such punishment upon any person, the punishment so imposed shall be deemed to have become the safety measure also.
In the event mentioned in paragraph 1, if the punishment is not yet carried out against that person or the person is undergoing it, the safety measure shall thenceforth be applied to him, and if, according to a provision of a subsequent law, there is a condition for ordering the application of the safety measure, which is not applicable to his case or is still applicable but the application of the safety measure according to the provision of the subsequent law is more favourable to him, when this is shown to the court from the file of the case or when that person, his legal representative, his curator, or a public prosecutor requests the court to cancel the application of the safety measure or to permit him to undergo the outcome of that legal provision, as the case may be, the court shall have the power to order as it finds appropriate.
Section16.When a court has adjudged any person to a safety measure, if it the court later learns from a proposal of that person, his legal representative, his curator, or a public prosecutor that the circumstances relating to the application thereof have changed from their former state, the court may order revoking or temporarily staying the application of the safety measure to such person as it finds appropriate.
Section17.The provisions of Division 1 of this Code shall also apply to cases of offences under other laws, save where those laws otherwise provide.
Section18.The punishments imposable upon offenders are as follows:
(1)death;
(2)imprisonment;
(3)confinement;
(4)fine;
(5)confiscation of property.
Section19.Whoever has been sentenced to death shall be shot to death.
Section20.As for all the offences which the law designates to be punishable with both imprisonment and fine, the court may impose imprisonment only if it finds this appropriate.
Section21.In calculating a period of imprisonment, the day on which the imprisonment commences shall be included and shall be counted as one full day, regardless of the number of hours.
If the period calculated is designated in months, thirty days shall be counted as one month. If it is designated in years, it shall be calculated in accordance with the official calendar years.
When an adjudged person has been imprisoned until completion of his term, he shall be released on the day following the day of such completion.
Section22.Imprisonment shall commence from the day the judgment is given. But if the adjudged person has been detained before the court gives the judgment, the days of such detention shall be deducted from the period of his imprisonment according to the judgment, save where the judgment says otherwise.
In the event that the judgment says otherwise, the imprisonment according to the judgment, in which the days of detention prior to the adjudication of such case by the court have already been included, must not be over the maximum rate of punishment designated by the law for the committed offence. However, this is without prejudice to the provisions of section 91.
Section23.When any person commits an offence punishable with imprisonment and, in the case thereof, the court will impose imprisonment for a term of not over three months, if he does not appear to have been imprisoned before or he appears to have been imprisoned before but the punishment was for an offence committed through negligence or a petty offence, by the court may adjudge him to confinement for a term of not over three months instead of such imprisonment.
Section24.Whoever has been sentenced to confinement shall be kept in a definite place of confinement other than a prison.
If the court finds it appropriate, it may include in the judgment an order that the offender be confined in the residence of his own or of another person who consents to taking him in, or in a different place where confinement may be carried out, in order to suit the type or nature of the confined person.
Section25.A person sentenced to confinement in a definite place will receive maintenance from that place. However, subject to the rules of such place, the person sentenced to confinement has the right to receive food from outside at his own expense, to use his own clothes, to be visited for at least one hour a day, and to receive and send letters.
The person sentenced to confinement will have to carry out work according to regulations, rules, and discipline. If the person sentenced to confinement desires to carry out a different work, he shall be permitted to choose to carry out any type of work of his own volition, but this must not be contrary to the regulations, rules, discipline, or safety of the place.
Section26.If a person sentenced to confinement is confined in the residence of his own or of another person who consents to taking him in, the person sentenced to confinement has the right to carry out his own profession or occupation in the mentioned place. In this regard, the court may designate any particular conditions to be performed by the person sentenced to confinement, as the court may find appropriate.
Section27.If, during the time a person sentenced to confinement is being confined, the court learns by itself or from a statement of a public prosecutor or the overseer of the place of confinement that—
(1)the person sentenced to confinement contravenes a regulation, rule, or discipline of the place of confinement;
(2)the person sentenced to confinement fails to comply with a condition designated by the court; or
(3)the person sentenced to confinement has been adjudged to imprisonment;
the court may change his confinement to imprisonment for a term which the court finds appropriate, but which must not be over the term of confinement the person sentenced to confinement needs to undergo further.
Section28.Whoever has been sentenced to a fine must pay to the court the amount of money designated in the judgment.
Section29.Whoever has been sentenced to a fine and fails to pay the fine within thirty days from the day the court gave the judgment must undergo seizure of property to satisfy the fine or else must undergo confinement instead of the fine. But if the court entertains a reasonable suspicion that he would avoid paying the fine, the court may order him to provide security or to undergo confinement instead of the fine for the time being.
The disposition of paragraph 2 of section 24 shall not apply to confinement imposed instead of a fine.
Section30.In applying confinement instead of a fine, the rate of five baht per day shall be observed, and whether the case be of a single count or of several counts, the confinement shall not be applied over a period of one year, save where the court gives a judgment imposing a fine of ten thousand baht or more, in which event the court may order confinement instead of the fine for a time period longer than one year but not than two years.
In calculating the time period, the day on which the confinement imposed instead of the fine commences shall be included and shall be counted as one full day, regardless of the number of hours.
In the event that the person fined had been detained before the court gave the judgment, the days of such detention shall be deducted from the amount of the fine at the rate of five baht per day, save where he has been adjudged to both imprisonment and fine, in which event, if the days of detention also need to be deducted from the time of imprisonment according to section 22, such deduction shall be made first, and whatever remains shall then be deducted from the fine.
When the person fined has undergone confinement instead of the fine until completion of the term, he shall be released on the day following the day of such completion. If money is provided to pay up his fine, he shall be released forthwith.
Section31.In the event that a court is to adjudge several offenders to a fine for the same offence and on account of the same event, the court shall fine them one by one.
Section32.Any property the creation or possession of which is provided by the law to be an offence shall all be confiscated, regardless of whether or not it belongs to the offender and any person is punished by the judgment.
Section33.In confiscating property, not only does the court have the power of confiscation as specifically provided by the law, but the court shall also have the power to order confiscation of the following property, namely—
(1)the property which a person has used or possesses for use in the commission of an offence; or (2)the property which a person has obtained through the commission of an offence;
save where this property belongs to another person who had no knowledge of and did not connive in the commission of the offence.
Section34.The property—
(1)which has been given in accordance with the dispositions of sections 143, 144, 149, 150, 167, 201, or 202; or
(2)which has been given to induce a person to commit an offence or as a reward for the commission by a person of an offence;
shall all be confiscated, save where such property belongs to another person who had no knowledge of and did not connive in the commission of the offence.
Section35.The property adjudged by a court to confiscation shall devolve upon the State, but the court may adjudge that the property be made unusable or that the property be destroyed.
Section36.In the event that a court has already ordered confiscation of any property according to section 33 or 34, if it is later shown by a proposal of the true owner that the true owner had no knowledge of and did not connive in the commission of the offence, the court shall then order the property to be returned, if the property is still in the possession of an officer. However, such proposal of the true owner must be made to the court within one year from the day the judgment becomes final.
Section37.If the person ordered by the court to send the confiscated property fails to send it within the time designated by the court, the court shall have the power to order as follows:
(1)such property shall be seized;
(2)its price shall be paid, or other property of such person shall be seized to satisfy the price in full; or
(3)in the event where the court finds that the person is able to send the property ordered to be sent but he fails to send it, or he is able to pay the price of the property but he fails to pay it, the court shall have the power to confine him until he complies with the order, but this shall not be over one year; if the court later learns by itself or from a proposal of such person that he is unable to send the property or pay the price, the court may order his release prior to completion of the term.
Section38.Punishment shall terminate upon death of the offender.
Section39.The safety measures are as follows:
(1)incarceration;
(2)prohibition of entry into designated areas;
(3)demanding of secured bond;
(4)committal to hospital;
(5)prohibition of conduct of certain occupations.
Section40.Incarceration is the placement of a habitual offender under control within a designated area for prevention of the commission of offences, for correction of habit, and for occupational training.
Section41.When any person has been adjudged by a court to incarceration or, for not less than two times, has been adjudged by a court to imprisonment of not less than six month, due to any of the following offences, namely—
(1)offences relating to public tranquillity, as provided in sections 209 to 216;
(2)offences relating to the causing of public danger, as provided in sections 217 to 224;
(3)offences relating to currency, as provided in sections 240 to 246;
(4)offences relating to sexuality, as provided in sections 276 to 286;
(5)offences against life, as provided in sections 288 to 290 and 292 to 294;
(6)offences against body, as provided in sections 295 to 299;
(7)offences against liberty, as provided in sections 309 to 320;
(8)offences relating to things, as provided in sections 334 to 340, 354, and 357;
and, during a period of ten years from the day of his discharge from the incarceration or from the punishment, as the case may be, he once again commits any of the offences so specified, causing a court to adjudge him to imprisonment of not less than six months for the commission of such offence, the court may consider him to be a habitual offender and adjudge him to incarceration for a period of not less than three years and not more than ten years.
Offences committed by offenders whilst still younger than seventeen years shall not be deemed to be offences which may be taken into consideration for incarceration according to this section.
Section42.In calculating a period of incarceration, the day on which the court gives the judgment shall be considered the day on which the incarceration commences. However, if the person incarcerated still needs to undergo imprisonment or confinement, he shall be imprisoned or confined first, and the day following the day of his discharge from the imprisonment or confinement shall be considered the day of commencement of the incarceration.
As for the period of incarceration and the release of the incarcerated person, the provisions of section 21 shall apply mutatis mutandis.
Section43.The filing of an application for incarceration is the exclusive power of a public prosecutor and may be made together with the filing of the case which grounds the power to apply for incarceration or may be made thereafter.
Section44.Prohibition of entry into designated areas is the prohibition of entry into such localities or places as designated in a judgment.
Section45.When a court adjudges any person to a punishment and the court finds it appropriate for public safety, the court may include in the judgment an order that he be prohibited, for a period of not over five years after his discharge from the punishment according to the judgment, from entering designated areas, whether or not there be an application therefor.
Section46.If a court learns from a proposal of a public prosecutor that any person is to cause an unfavourable incident dangerous to the person or property of another person, or in trying any offence, if a court refrains from punishing the charged person but finds a reason to believe that the charged person is likely to cause an unfavourable incident dangerous to the person or property of another person, the court shall have the power to order him to post a bond in a sum of not more than five thousand baht, with or without security, for refraining from causing the unfavourable incident throughout the time designated by the court but not over two years.
If he refuses to post the bond or fails to provide security, the court shall have the power to order him to be confined until the bond is posted or the security is provided successfully, but the confinement shall not be longer than six months, or else he may be ordered to be prohibited from entering designated areas according to section 45.
The acts of a child who is still younger than seventeen years shall not be subject to the provisions of this section.
Section47.If the person posting the bond according to the dispositions of section 46 breaches the bond, the court shall have the power to order him to pay a sum not exceeding the amount designated in the bond. If he fails to pay it, the provisions of sections 29 and 30 shall apply.
Section48.If the court finds that releasing a person with a mental defect, mental disease, or mental disorder, who is not required to be punished or whose punishment has been decreased in accordance with section 65, would expose the public to unsafety, the court may order that he be committed to a hospital, and the court may revoke this order at any time.
Section49.In the event that a court adjudges any person to imprisonment or adjudges any person guilty but suspends the designation of his punishment or suspends the imposition of his punishment, if the court finds that the offence the person has committed is in connection with habitual consumption of liquor or addiction to a harmful narcotic, the court may designate in the judgment a requirement that the person refrain from consuming either or both of such liquor and harmful narcotic during a period of not over two years from the day of his discharge from the punishment or the day of his release because of suspension of the designation of his punishment or suspension of the imposition of his punishment.
In the event that the person mentioned in paragraph 1 fails to comply with that designated by the court, the court may order him to be committed to a hospital for a period of not over two years.
Section50.When a court adjudges any person to a punishment, if the court finds that he committed the offence by taking advantage of the conduct of an occupation or profession or as a result of the conduct of an occupation or profession, and finds that he would commit such offence again should he continue to conduct the occupation or profession, the court may include in the judgment an order prohibiting him from conducting the occupation or profession for a period of not over five years from the day of his discharge from the punishment.
Section51.In increasing a punishment, it shall not be increased up to death, imprisonment for life, or imprisonment of more than twenty years.
Section52.In decreasing the punishment of death, whether by decreasing the scale of punishment or by decreasing the punishment to be imposed, the decrease shall be made as follows:
(1)if it is to be decreased by one third, it shall be decreased to imprisonment for life or imprisonment from sixteen years to twenty years;
(2)if it is to be decreased by one half, it shall be decreased to imprisonment for life or imprisonment from twelve years to twenty years.
Section53.In decreasing the punishment of imprisonment for life, whether by decreasing the scale of punishment or by decreasing the punishment to be imposed, the decrease shall be made as follows:
(1)if it is to be decreased by one third, it shall be decreased to imprisonment from fourteen years to sixteen years;
(2)if it is to be decreased by one half, it shall be decreased to imprisonment from ten years to twelve years.
Section54.In making a calculation for increasing or decreasing a punishment to be imposed, the court shall first designate what punishment should be imposed upon the accused and shall then increase or decrease it. If the punishment to be imposed needs to be both increased and decreased, the increase shall be made first and the result so increased shall then be decreased. If the portion of the increase is equivalent to or more than the portion of the decrease, the court may refrain from both the increase and decrease when it finds this appropriate.
Section55.If the imprisonment which an offender needs to undergo is merely for a term of three months or shorter, the court may designate an even shorter term for his imprisonment, or if the imprisonment which an offender needs to undergo is merely for a term of three months or shorter and is accompanied by a fine also, the court may designate an even shorter term for his imprisonment or may cancel the imprisonment and retain the fine only.
Section56.When any person commits an offence punishable with imprisonment and, in the case thereof, the court will impose imprisonment for a term of not over two years, if it does not appear that he has undergone imprisonment before or if it appears that he has undergone imprisonment before but it was for an offence committed through negligence or a petty offence, and if the court finds it appropriate after taking into account 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, the court may adjudge him guilty but suspend the designation of his punishment or may designate his punishment but suspend the imposition of the punishment, before releasing him, in order to give him an opportunity to reform himself within the time period to be designated by the court but not over five years from the day the court gives 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 to the officer 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 behaviour which may lead to the commission of the same offence again.
As for the conditions which the court has designated in accordance with the dispositions of the previous paragraph, if the court later learns from an application of the offender, his legal representative, his curator, a public prosecutor, or an officer that the circumstances relating to the supervision of his behaviour have changed, the court may, when the court finds it appropriate, amend or revoke any of those conditions or may additionally designate any of the conditions mentioned in the previous paragraph and not yet designated by the court.
Section57.When the court learns by itself or from a statement of a public prosecutor or an officer that the offender fails to comply with a condition designated by the court in accordance with section 56, the court may warn the offender or may designate the punishment which has not yet designated or impose the punishment which has been suspended.
Section58.If a person against whom a court has given a judgment has committed an offence not out of negligence or a petty offence during the time period designated by the court in accordance with section 56 and will be adjudged by a court to imprisonment on account of such 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 such an offence as mentioned in paragraph 1 during the time period designated by the court in accordance with section 56, he shall be relieved of the probability to incur the designation of the punishment or the imposition of the punishment in that case, as the case may be.
Section59.A person must be criminally liable only upon having acted intentionally, save where he has acted through negligence and the law provides that he be liable for having acted through negligence or save where the law expressly provides that he be liable even for having acted unintentionally.
To act intentionally is to do an act whilst being aware of the act and, at the same time, desiring the outcome or being able to foresee the outcome of such act.
If the offender has no knowledge about the fact which is an element of the offence, it shall not be deemed that he desires the outcome or is able to foresee the outcome of his act.
To act through negligence is to commit an offence not in an intentional manner but without the care which a person in such a state must have according to his nature and circumstances, and which the offender might have been able to exercise but did not sufficiently exercise.
To act shall also include to bring about any outcome by refraining from the act which needs to be done in order to prevent such an outcome.
Section60.Whoever intends to act against one person but the outcome of the act occurs to another person through an error is deemed to intentionally act against the person who undergoes the unfavourable outcome of such act. However, in the event that the law provides for a heavier punishment to be imposed due to the status of a person or due to the relationships between the offender and the person who undergoes the unfavourable outcome, such law shall not be applied in order to punish the offender more heavily.
Section61.Whoever intends to act against one person but actually acts against another person through a mistake cannot raise the mistake as an excuse that his act is unintentional.
Section62.Any fact which, if actually existing, would make an act guiltless or make the offender unpunishable or punishable with a lighter punishment, shall render the offender guiltless, or exempted from the punishment, or punishable with a lighter punishment, as the case may be, had the offender believed that the fact actually existed, although it did not exist in actuality.
If the ignorance of a fact in accordance with the disposition of paragraph 3 of section 59 or the mistaken belief about the actual existence of a fact according to the disposition of paragraph 1 occurs through negligence of the offender, the offender shall be liable on account of negligence when the law specifically provides that a person who commits such an act is required to be punished even when committing it through negligence.
A person must undergo a heavier punishment as a result of any fact only when he is required to have known such fact.
Section63.If the outcome of any offence results in the offender being required to undergo a heavier punishment, the outcome of such offence must be one which can normally occur.
Section64.No person can excuse himself from criminal liability citing ignorance of law. However, if the court finds that, according to his nature and circumstances, the offender might have not known that the law provides his act to be an offence, the court may permit him to present evidence before the court, and if the court believes that the offender did not know of such a legal provision, the court may punish him more lightly in any degree than that provided by the law for his offence.
Section65.Whoever committed an offence whilst being unable to discern right from wrong or unable to direct himself because of a mental defect, mental disease, or mental disorder, is not required to be punished for such offence.
But if the offender was somewhat able to discern right from wrong or somewhat able to direct himself, he is required to be punished for the offence, but the court may punish him more lightly in any degree than that provided by the law for such offence.
Section66.Intoxication due to consumption of liquor or other intoxicant cannot be raised as an excuse according to section 65, save where such intoxication occurred as a result of consuming something without knowing that it would cause intoxication or consuming it against one’s will and the offence was committed whilst unable to discern right from wrong or unable to direct oneself, in which event the offender shall then be exempted from the punishment for the offence. But if the offender was somewhat able to discern right from wrong or somewhat able to direct himself, the court may punish him more lightly in any degree than that provided by the law for such offence.
Section67.Whoever commits an offence out of necessity—
(1)because of being under direction or power which cannot be avoided or resisted; or
(2)in order to prevent himself or another person from a danger which is imminent and cannot be avoided otherwise, when he is not at fault of causing such a danger;
is not required to be punished if his act is not immoderate.
Section68.Whoever needs to commit any act in order to protect his own or another person’s right from a danger which arises from unlawful violence and is imminent, thereby acts in lawful defence and is guiltless, if his act is moderate.
Section69.In either of the events provided in sections 67 and 68, if the act done by the offender is immoderate, or beyond the necessity, or beyond the need to act for the purpose of protection, the court may punish him more lightly in any degree than that designated by the law for the offence. But if such act occurred out of excitement, alarm, or fear, the court may refrain from punishing him at all.
Section70.Whoever complies with an order of an officer even though the order is unlawful is not required to be punished if he has the duty to or honestly believes that he has the duty to comply with it, save where he knows that it is unlawful.
Section71.If any of the offences provided in sections 334 to 336, paragraph 1, and 341 to 364, is committed by a husband against the wife or by a wife against the husband, the offender is not required to be punished.
If any of the specified offences is committed by an ascendant against a descendant, a descendant against an ascendant, or brothers or sisters of full blood against each other, the offence shall become compoundable even though no law provides it to be compoundable, and, moreover, the court may impose a punishment lighter in any degree than that provided by the law for such offence.
Section72.Whoever, in a heat of passion as a result of having been severely oppressed by an unfair cause, commits an offence against the oppressor at that very instant, may be punished by a court more lightly in any degree than that provided by the law for such offence.
Section73.A child still not older than seven years who commits an act which the law provides to be an offence is not required to be punished.
Section74.A child older than seven years but still not than fourteen years who commits an act which the law provides to be an offence is not required to be punished, but the court shall have the power to do as follows:
(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;
(2)if the court finds that the father, mother, or guardian is still able to take care of the child, the court may give 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 an 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 the abovementioned ordinance, 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 provided for the father, mother, or guardian as mentioned above; if the person with whom the child resides accepts such ordinance, the court shall give an order entrusting the child to such person and laying down the mentioned ordinance;
(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 provided in section 56; in such event, the court shall appoint a probation officer or any other officer to supervise the behaviour of the child;
(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 the ordinance mentioned in (2), the court may give 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 time period 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, place of training and instruction, or place set up for training and instructing children, for a time period designated by the court but not exceeding the time the child reaches the eighteenth year of age.
As for the court orders mentioned in (2), (3), (4), and (5), if, at any moment during the time period designated by the court, the court learns by itself or from a proposal 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 alter the orders or give new orders by the power under this section.
Section75.When any person who is older than fourteen years but still not than seventeen years commits an act which the law provides to be an offence, the court shall consider his discernment of right from wrong and all other things relating to him in order to rule whether he should be adjudged to punishment. If the court finds that he should not be adjudged to punishment, it shall proceed in accordance with section 74, or if the court finds that he should be adjudged to punishment, it shall decrease the scale of punishment designated for his offence by one half.
Section76.When any person who is older than seventeen years but still not than twenty years commits an act which the law provides to be an offence, the court may, if found appropriate, decrease the scale of punishment designated for his offence by one third or one half.
Section77.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 disposition of section 74(2), if the child causes an unfavourable incident during the time period according to the ordinance, the court shall have the power to direct the father, mother, guardian, or person with whom the child resides to, within the time the court finds appropriate, pay a sum not over the amount designated in the ordinance. If the father, mother, guardian, or person with whom the child resides fails to pay the sum, the court may order seizure of property of the father, mother, guardian, or person with whom the child resides, to satisfy the amount which needs to be paid.
In the event that the court has directed the father, mother, guardian, or person with whom the child resides to make a payment according to the ordinance, if the court has not otherwise changed or modified the order laying down such ordinance in accordance with the disposition of the final paragraph of section 74, the ordinance shall remain applicable until passage of the time designated in the ordinance.
Section78.When there appears to be a mitigating circumstance, regardless of whether or not a punishment has already been increased or decreased in accordance with this Code or other law, if the court finds it appropriate, it may decrease, by not more than one half, the punishment which is to be imposed upon the offender.
Such mitigating circumstance consists in the fact that the offender is a stupid, unintelligent person in dire straits, has previously made good contributions, has shown remorse for the offence and has attempted to mitigate its unfavourable outcome, has admitted the guilt before an officer, or has provided to the court the knowledge beneficial to the trial, or other cause which the court finds to be of similar characteristics.
Section79.In a case in which the only punishment is a fine, if, before the court starts taking evidence, the alleged offender pays the fine for the offence at its maximum rate, the case shall terminate.
Section80.Whoever commences to commit an offence but does not carry it through, or has carried it through but his act achieves no outcome, thereby attempts to commit the offence.
Whoever attempts to commit an offence shall be punished with two thirds of the punishment designated by the law for the offence.
Section81.Whoever commits an act aiming for an outcome which the law provides to be an offence but which can never be achieved for a certainty because of the means used in the commission or the object at which the commission is targeted, shall be deemed to attempt to commit the offence but shall be punished with not more than one half of the punishment designated by the law for such offence.
If the act mentioned in paragraph 1 is committed out of a blind belief, the court may refrain from punishing it.
Section82.Whoever has attempted to commit an offence is not required to be punished for such attempt if he held himself back from carrying it through or changed his mind and effected remedies to prevent it from achieving the outcome. However, if the act committed falls within a legal provision which provides that it be an offence, he is required to be punished for such offence.
Section83.In the event that any offence occurs through an action of two or more persons, those who join in the commission of such offence are principals and shall be punished as designated by the law for the offence.
Section84.Whoever causes another person to commit an offence, whether by employing, forcing, threatening, hiring, asking, or encouraging, or by any other way, is an abettor.
If the abetted has committed the offence, the abettor shall be punished as if being a principal. If the offence has not been committed, whether because the abetted refused to commit it or has not yet committed it or because of any other reason, the abettor shall merely be punished with one third of the punishment designated for the offence.
Section85.Whoever makes a publication or announcement to the general public encouraging them to commit an offence the punishment designated for which is [imprisonment] not less than six months, shall be punished with one half of the punishment designated for the offence.
If an offence has been committed because of the publication or announcement according to the disposition of paragraph 1, the person making the publication or announcement shall be punished as if being a principal.
Section86.Whoever by any means assists or facilitates another person in the commission of an offence, either before or during the commission of the offence, is an aider and shall be punished with two thirds of the punishment designated for the offence so aided, even though the offender has no knowledge of such assistance or facilitation.
Section87.In the event that an offence has been committed because of the abetting according to section 84, because of the publication or announcement to the general public encouraging them to commit the offence according to section 85, or because of the aiding according to section 86, and the person committing the offence committed it beyond the scope of the abetting or of the publication or announcement or in excess of the intent of the aider; the abettor, the person publishing or announcing to the general public encouraging them to commit the offence, or the aider, as the case may be, shall merely be criminally liable for the offence within the scope of the abetting or of the publication or announcement or within the scope of the intent of the aider. However, if it could be foreseen from the circumstances that, as a result the abetting, the publication or announcement, or the aiding, the offence could be committed in such a manner as occurred, the abettor, the person publishing or announcing to the general public encouraging them to commit the offence, or the aider, as the case may be, shall be criminally liable for the offence as occurred.
In the event that the person abetted, the person complying with the publication or announcement encouraging the general public to commit an offence, or the principal in an offence will have to be criminally liable to a higher punishment owing to the outcome of the offence; the abettor, the person publishing or announcing to the general public encouraging them to commit the offence, or the aider, as the case may be, shall be criminally liable to such a higher punishment also. However, if, according to the characteristics of the offence, the offender will have to be criminally liable to a higher punishment only when the offender is required to have known or been able to foresee that such an outcome could occur, the abettor, the person publishing or announcing to the general public encouraging them to commit the offence, or the aider will have to be criminally liable to the higher punishment only when he has known or been able to foresee that such an outcome as occurred could occur.
Section88.If the offence which has been abetted, the commission of which has been encouraged by a publication or announcement made to the general public, or the commission of which has been aided has been committed to the point of commencement, but the person committing it did not carry it through or has carried it through but his act achieved no outcome due to obstruction by the abettor, the person making the publication or announcement, or the aider; the abettor or the person making the publication or announcement shall merely be liable as provided in section 84, paragraph 2, or section 85, paragraph 1, as the case may be, whilst the aider is not required to be punished.
Section89.If there is a personal cause for which a punishment should be exempted, decreased, or increased for any offender, such cause shall not be applied to the others who have joined in the commission of the offence. But if the cause for which a punishment should be exempted, decreased, or increased lies in the characteristics of the case, then it shall be applied to all those who have joined in the commission of the offence.
Section90.When any single act constitutes offences under several legal provisions, the legal provision carrying the heaviest punishment shall be applied to the offender.
Section91.When a court is to adjudge any person to a punishment and it appears that he has committed an act constituting several and different counts of offences, the court may punish him on every count constituted by the act or may punish him on the heaviest count only. But whatever the case may be, the total imprisonment must not be over twenty years, save where it be imprisonment for life.
Section92.Whoever has been sentenced by a final judgment to imprisonment and commits any offence again whilst still being required to undergo the punishment or during the period of five years from the day of his discharge from the punishment shall, if the punishment to which the court is to adjudge him for the subsequent offence is as serious as imprisonment, have the punishment designated by the court for the subsequent offence increased by one third.
Section93.Whoever has been sentenced by a final judgment to imprisonment and commits any of the following offences in the same subsection again whilst still being required to undergo the punishment or during the period of three years from the day of his discharge from the punishment shall, if the punishment to which the court adjudged him for the former offence is imprisonment of not less than six months and the punishment to which the court is to adjudge him for the subsequent offence is as serious as imprisonment, have the punishment designated by the court for the subsequent offence increased by one half:
(1)offences relating to security of the Kingdom, as provided in sections 107 to 135;
(2)offences against officers, as provided in sections 136 to 146;
(3)offences against public office, as provided in sections 147 to 166;
(4)offences against judicial officers, as provided in sections 167 to 192 and 194;
(5)offences against judicial office, as provided in sections 200 to 204;
(6)offences relating to public tranquillity, as provided in sections 209 to 216;
(7)offences relating to the causing of public danger, as provided in sections 217 to 224, 226 to 234, and 236 to 238;
(8)offences relating to currency, as provided in sections 240 to 249, offences relating to seals, stamps, and tickets, as provided in sections 250 to 261, and offences relating to documents, as provided in sections 264 to 269;
(9)offences relating to trade, as provided in sections 270 to 275;
(10)offences relating to sexuality, as provided in sections 276 to 285;
(11)offences against life, as provided in sections 288 to 290 and 294, offences against body, as provided in sections 295 to 299, offences of abortion, as provided in sections 301 to 303, and offences of abandonment of children, sick persons, or elderly persons, as provided in sections 306 to 308;
(12)offences against liberty, as provided in sections 309, 310, and 312 to 320;
(13)offences relating to things, as provided in sections 334 to 365.
Section94.Offences committed through negligence, petty offences, and offences committed by offenders whilst still not older than seventeen years, whether committed on previous occasions or on subsequent occasions, are not deemed to be offences for which the punishment can be increased in accordance with the dispositions of this Chapter.
Section95.In a criminal case, if the offender is not charged and taken before the court within the following period from the day the offence was committed, limitation runs out:
(1)twenty years, for an offence punishable with death, imprisonment for life, or imprisonment of twenty years;
(2)fifteen years, for an offence punishable with imprisonment of more than seven years but still not up to twenty years;
(3)ten years, for an offence punishable with imprisonment of more than one year up to seven years;
(4)five years, for an offence punishable with imprisonment of more than one month up to one year;
(5)one year, for an offence punishable with imprisonment of one month or shorter or punishable otherwise.
If the offender escapes or becomes insane after having been charged and taken before the court and the court orders the trial to be stayed until expiry of the mentioned period from the day he escaped or the day the court ordered the stay of the trial, it shall be deemed that limitation likewise runs out.
Section96.Subject to section 95, in the event of a compoundable offence, if the injured party does not complain within three months from the day it knows of the offence and of the offender, limitation runs out.
Section97.In filing an application for incarceration, if it is to be filed after the filing of the case which grounds the power to apply for incarceration, it must be filed within a period of six months from the day the case was filed, or else limitation runs out.
Section98.When a final judgment punishing any person has been given and he has not yet been punished or has been punished but not yet to the full when he escapes, if he cannot be taken to the punishment until expiry of the following period from the day of giving of the final judgment or from the day of his escape, the punishment becomes overdue and can no longer be imposed upon him:
(1)twenty years, for death, imprisonment for life, or imprisonment of twenty years;
(2)fifteen years, for imprisonment of more than seven years but still not up to twenty years;
(3)ten years, for imprisonment of more than one year up to seven years;
(4)five years, for imprisonment of one year or shorter or a different punishment.
Section99.As for the seizure of property to satisfy a fine or the confinement imposed instead of a fine, if it is not carried out within a period of five years from the day of giving the final judgment, it can no longer be carried out.
The disposition of paragraph 1 shall not apply in the event that the confinement imposed instead of a fine is carried out in succession to imprisonment.
Section100.When a final judgment incarcerating any person has been given and the person has not yet been incarcerated or has been incarcerated but not yet to the full when he escapes, if a period of three years has passed from the day of his discharge due to having already been punished in accordance with the judgment or due to the punishment having become overdue or from the day of his escape during the period of his incarceration, the incarceration becomes overdue and can no longer be applied to him.
Section101.As for the execution of the court order according to the dispositions of section 46 or the making of a request to the court for ordering a payment when the person posting the bond breaches the bond according to the dispositions of section 47, if the execution or request is not made within a period of two years from the day the court gave the order or from the day the person posting the bond breached the bond, the execution or request can no longer be made.
Section102.A petty offence is an offence punishable with imprisonment of not over one month, or a fine of not over one thousand baht, or both such imprisonment and fine.
Section103.The provisions of Title 1, save those provided in the following three sections, shall also apply to cases of petty offences.
Section104.The commission of a petty offence under this Code, even unintentional, results in guilt, save where the provision on such offence otherwise provides.
Section105.Whoever attempts to commit a petty offence is not required to be punished.
Section106.An aider in a petty offence is not required to be punished.
Section107.Whoever takes the life of the King shall be punished with death.
Whoever attempts to do so shall be punished with the same.
Whoever makes any preparation for taking the life of the King or, knowing that anyone is to take the life of the King, commits any act to help conceal it, shall be punished with imprisonment for life.
Section108.Whoever inflicts violence upon the person or liberty of the King shall be punished with death or imprisonment for life.
Whoever attempts to do so shall be punished with the same.
If such act bears a characteristic which is likely to harm the life [of the King], the offender shall be punished with death.
Whoever makes any preparation for inflicting violence upon the person or liberty of the King or, knowing that anyone is to inflict violence upon the person or liberty of the King, commits any act to help conceal it, shall be punished with imprisonment from sixteen years to twenty years.
Section109.Whoever takes the life of the Queen or Heir to the Throne, or kills the Regent, shall be punished with death.
Whoever attempts to do so shall be punished with the same.
Whoever makes any preparation for taking the life of the Queen or Heir to the Throne or for killing the Regent or, knowing that anyone is to take the life of the Queen or Heir to the Throne or to kill the Regent, commits any act to help conceal it, shall be punished with imprisonment from twelve years to twenty years.
Section110.Whoever inflicts violence upon the person or liberty of the Queen or Heir to the Throne or against the person or liberty of the Regent, shall be punished with imprisonment for life or imprisonment from sixteen years to twenty years.
Whoever attempts to do so shall be punished with the same.
If such act bears a characteristic which is likely to harm the life [of the Queen or Heir to the Throne] or the life [of the Regent], the offender shall be punished with death or imprisonment for life.
Whoever makes any preparation for inflicting violence upon the person or liberty of the Queen or Heir to the Throne or upon the person or liberty of the Regent, or, knowing that anyone is to inflict violence upon the person or liberty of the Queen or Heir to the Throne or to inflict violence upon the person or liberty of the Regent, commits any act to help conceal it, shall be punished with imprisonment from twelve years to twenty years.
Section111.Whoever aids in the commission of any offence under sections 107 to 110 shall be punished in the same manner as the principal in such offence.
Section112.Whoever defames, insults, or expresses malice or ill will towards the King, Queen, Heir to the Throne, or Regent, shall be punished with imprisonment of not over seven years.
Section113.Whoever exercises forcible violence or threatens to exercise forcible violence so as to—
(1)overthrow or change the constitution;
(2)overthrow the legislative power, executive power, or judicial power under the constitution, or render such power unexercisable; or
(3)to divide the Kingdom or seize the administrative power over any part of the Kingdom;
thereby commits an offence of insurrection and shall be punished with death or imprisonment for life.
Section114.Whoever accumulates troops or weapons, makes any other preparation, or conspires with another person in order to commit insurrection, or commits any offence as part of an insurrection plot, or incites citizens to commit insurrection, or, knowing that anyone is to commit insurrection, does anything to help conceal it, shall be punished with imprisonment from three years to fifteen years.
Section115.Whoever incites a military or police officer to desert a public duty, to neglect the carrying out of a duty, or to commit mutiny, shall be punished with imprisonment of not over five years.
If such offence is committed for the purpose of undermining the discipline and capability of a military or police unit, the offender shall be punished with imprisonment of not over ten years.
Section116.Whoever makes through speech, writing, or any other way a public expression which is not in the scope of the constitution or not the giving of an honest opinion or comment—
(1)so as to cause a change in the law of the State or in the Government through forcible coercion or forcible violence;
(2)so as to cause turbulence or disobedience amongst the public to the degree likely to bring about unrest within the Kingdom; or
(3)so as to cause the public to violate the law of the State;
shall be punished with imprisonment of not over seven years.
Section117.Whoever incites or organises a strike, lockout, or concerted refusal to trade or make a business contact with any person so as to cause a change in the law of the State, to force the Government, or to intimidate the public, shall be punished with imprisonment of not over seven years, or a fine of not over fourteen thousand baht, or both the imprisonment and the fine.
Whoever learns the mentioned purpose and takes part or helps in the strike, lockout, or concerted refusal to trade or make a business contact with any person, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Whoever learns the mentioned purpose and exercises forcible violence, threatens to exercise forcible violence, or creates fear by any means in order that a person takes part or helps in the strike, lockout, or concerted refusal to trade or make a business contact with any person, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section118.Whoever, in order to desecrate the Nation, commits any act against a flag or any other symbol that signifies the State, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section119.Whoever commits any act to subject the Kingdom or any part of the Kingdom to the sovereign power of a foreign state or to impair the independence of the State, shall be punished with death or imprisonment for life.
Section120.Whoever, desiring to bring about an armed operation against the State or a different kind of hostility against the State, connives with a person who acts for the benefit of a foreign state, shall be punished with imprisonment for life or imprisonment from ten years to twenty years.
Section121.Any Thai person who bears arms against the Country or joins an enemy of the Country shall be punished with death or imprisonment for life.
Section122.Whoever commits any act to support an armed operation or preparation therefor of an enemy shall be punished with imprisonment from five years to fifteen years.
If such support is rendered by—
(1)causing a fortress, camp, airport, warcraft, vehicle, communication route, communication instrument, weaponry, food supply, dock, building, or any other thing used for warfare to be unusable or to fall into the hands of an enemy;
(2)inciting a military officer to neglect a duty, commit mutiny, desert the public service, or infringe discipline;
(3)committing espionage or leading or guiding the way for the enemy; or
(4)otherwise allowing the enemy to gain the upper hand in warfare;
the renderer shall be punished with death or imprisonment for life.
Section123.Whoever commits any act to obtain any information, document, or thing concealed as a secret for the safety of the Country shall be punished with imprisonment of not over ten years.
Section124.Whoever commits any act to allow another person to know or acquire any information, document, or thing concealed as a secret for the safety of the Country shall be punished with imprisonment of not over ten years.
If such offence is committed whilst the Country is in a state of armed conflict or war, the offender shall be punished with imprisonment from five years to fifteen years.
If either of the offences mentioned in the two previous paragraphs is committed to benefit a foreign state, the offender shall be punished with death or imprisonment for life.
Section125.Whoever forges, falsifies, detains, hides, conceals, removes, damages, destroys, or causes to be lost or useless any document or form which relates to the concern of the State in an international affair, shall be punished with imprisonment of not over ten years.
Section126.Whoever, having been authorised by the Government to carry out an activity of the State with a foreign government, dishonestly fails to do as authorised, shall be punished with imprisonment from one year to ten years.
Section127.Whoever commits any act to bring about to the Country an unfavourable incident from the external, shall be punished with imprisonment of not over ten years.
If the unfavourable incident occurs, the offender shall be punished with death, or imprisonment for life, or imprisonment from two years to twenty years.
Section128.Whoever prepares or attempts to commit any offence under this Chapter shall be punished with the punishment provided for such offence.
Section129.Whoever aids in the commission of any offence under this Chapter shall be punished in the same manner as the principal in such offence.
Section130.Whoever commits an assault causing bodily harm to or inflicts violence upon the liberty of the king, queen, prince consort, heir to the throne, or chief of a foreign state which has friendly relations [with Thailand], shall be punished with imprisonment from one year to fifteen years.
Whoever attempts to do so shall be punished with the same.
Section131.Whoever commits an assault causing bodily harm bodily to or inflicts violence upon the liberty of a representative of a foreign state accredited to the royal court, shall be punished with imprisonment of not over ten years.
Whoever attempts to do so shall be punished with the same.
Section132.Whoever kills or attempts to kill any of the persons specified in section 130 or 131 shall be punished with death or imprisonment for life.
Section133.Whoever defames, insults, or expresses malice or ill will towards the king, queen, prince consort, heir to the throne, or chief of a foreign state, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section134.Whoever defames, insults, or expresses malice or ill will towards a representative of a foreign state accredited to the royal court shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section135.Whoever, in order to desecrate a foreign state which has friendly relations [with Thailand], commits any act against a flag or any other symbol that signifies such state, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section136.Whoever insults an officer who is carrying out a duty or because he has carried out a duty shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section137.Whoever notifies an officer of false information which is likely to cause injury to another person or the public, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section138.Whoever resists or obstructs an officer or person required by the law to help an officer in the performance of a duty, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
If such resistance or obstruction is committed by exercising forcible violence or threatening to exercise forcible violence, the offender shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section139.Whoever, by exercising forcible violence or threatening to exercise forcible violence, coerces an officer into performing an act in breach of a duty or omitting the performance of an act in accordance with a duty, shall be punished with imprisonment of not over four years, or a fine of not over eight thousand baht, or both the imprisonment and the fine.
Section140.If the offence under section 138, paragraph 2, or section 139 is committed whilst having a weapon or through a joint action of three or more persons, the offenders shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If it is committed by alluding to the power of a secret society or criminal association, whether or not such secret society or criminal association exists, the offender shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.
Section141.Whoever removes, damages, destroys, or causes to be useless a seal or symbol which an officer has, in the performance of a duty, affixed to or marked upon anything as evidence of its seizure, attachment, or preservation, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section142.Whoever damages, destroys, hides, takes away, or causes to be lost or useless any property or document which an officer has seized, preserved, or ordered to be sent for use as evidence or for enforcement of the law, regardless of whether the officer preserved the property or document himself or ordered that one or another person to send or preserve it, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section143.Whoever demands, receives, or agrees to receive property or any other benefit for himself or another person in return for inducing or having induced, by dishonest or unlawful means or by his own influence, an officer, member of a state legislature, member of a provincial council, or member of a municipal council to do or refrain from doing a duty in favour or disfavour of any person, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section144.Whoever gives, offers to give, or agrees to give property or any other benefit to an officer, member of a state legislature, member of a provincial council, or member of a municipal council in order to induce him to do, refrain from doing, or delay an act when this is not permissible under his duty, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section145.Whoever presents himself as an officer and acts as an officer without himself being an officer that has the power to act as such, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Any officer who, having been ordered to stop further exercising his office, still does anything in such office, shall likewise be punished as designated in paragraph 1.
Section146.Whoever, having no right to wear a uniform or adorn himself with a symbol of an officer, member of a state legislature, member of a provincial council, or member of a municipal council, or having no right to use a rank, position, royal decoration, or royal decoration denotation, does so in order to make others believe that he has the right, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section147.Whoever, being an officer having the duty to buy, create, manage, or preserve any thing, dishonestly converts such thing to himself or to another person, or dishonestly allows another person to take such thing, shall be punished with imprisonment of not over ten years and a fine of not over twenty thousand baht.
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 of not over ten years and a fine of not over twenty thousand baht.
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 of not over seven years and a fine of not over fourteen thousand baht.
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 of not over seven years and a fine of not over fourteen thousand baht.
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 of not over seven years and a fine of not over fourteen thousand baht.
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 of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
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 of not over seven years and a fine of not over fourteen thousand baht.
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 of not over ten years and a fine of not over twenty thousand baht.
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 of not over ten years and a fine of not over twenty thousand baht.
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 of not over ten years and a fine of not over twenty thousand baht.
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 of not over four years, or a fine of not over eight thousand baht, or both the imprisonment and the fine.
Section158.Whoever, being an officer, damages, destroys, hides, takes away or causes to be lost or useless any thing or document the administration or preservation of which is his duty, or allows another person to do so, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Section159.Whoever, being an officer having the duty to take care of or preserve any thing or document, breaches the duty by removing, damaging, destroying, or causing to be useless a seal or symbol which an officer has, in the performance of a duty, affixed to or marked upon such thing or document as evidence of its seizure or preservation, or by allowing another person to do so, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section160.Whoever, being an officer having the duty to preserve or use an official seal or seal impression or that of another person, breaches the duty by using such seal or seal impression or by allowing another person to do so, thereby likely to cause injury to another person or the public, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section161.Whoever, being an officer having the duty to create a document, insert information in a document, or maintain a document, forges a document by taking advantage of such duty he has, shall be punished with imprisonment of not over ten years and a fine of not over twenty thousand baht.
Section162.Whoever, being an officer having the duty to create a document, receive a document, or insert information in a document, commits the following act in the performance of the duty:
(1)falsely certifying as evidence that he has done any act or that any act has been done in his presence;
(2)certifying as evidence that information, which has not been notified, has been notified;
(3)omitting to record information which he has the duty to agree to record, or recording such information by making a change to it; or
(4)falsely certifying as evidence a fact the truth of which such document is intended for proving;
shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Section163.Whoever, being an officer having a duty in the postal, telegraphic, or telephone service, commits any of the following acts which are not permissible under his duty:
(1)opening or allowing another person to open a letter or other thing sent by post or telegraphy;
(2)damaging, destroying, causing to be lost, or allowing another person to damage, destroy, or cause to be lost a letter or other thing sent by post or telegraphy;
(3)withholding, misdelivering, or delivering to a person whom he knows is not the proper recipient a letter or other thing sent by post or telegraphy; or
(4)disclosing information sent by post, by telegraphy, or by telephone;
shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section164.Whoever, being an officer knowing or possibly knowing an official secret, commits any act which is not permissible under his duty, thereby allowing another person to know such secret, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section165.Whoever, being an officer having the duty to implement the law or an order issued for enforcing the law, prevents or obstructs the implementation of the law or such order, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section166.Whoever, being an officer, abandons work or by any means causes interruption or damage to work, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine, when he does so through a joint action of five or more persons.
If such offence is committed in order to cause a change in the law of the State, to force the Government, or to intimidate the public, the offender shall be punished with imprisonment of not over ten years and a fine of not over twenty thousand baht.
Section167.Whoever gives, offers to give, or agrees to give property or any other benefit to an officer in a position of judge, public prosecutor, police prosecutor, or inquiry officer, in order to induce him to do, refrain from doing, or delay any act when this is not permissible under his duty, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Section168.Whoever resists a lawful directive of a public prosecutor, police prosecutor, or inquiry officer which requires him to appear and give statement, shall be punished with imprisonment of not over three months, or a fine of not over five hundred baht, or both the imprisonment and the fine.
Section169.Whoever resists a lawful directive of a public prosecutor, police prosecutor, or inquiry officer which requires him to send or cause to be sent any thing or document, to take an oath, to make an affirmation, or to give statement, shall be punished with imprisonment of not over three months, or a fine of not over five hundred baht, or both the imprisonment and the fine.
Section170.Whoever resists a writ or order of a court which, in trying a case, requires him to appear and give statement, to appear and give testimony, or to send any thing or document, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section171.Whoever resists an order of a court which requires him to take an oath, make an affirmation, give statement, or give testimony, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section172.Whoever notifies a public prosecutor, police prosecutor, inquiry officer, or officer empowered to investigate a criminal case of false information relating to a criminal offence, which may cause injury to another person or the public, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section173.Whoever, knowing that no offence has occurred, notifies an inquiry officer or an officer empowered to investigate a criminal case that an offence has been committed, shall be punished with imprisonment of not over three years and a fine of not over six thousand baht.
Section174.If the notification under section 172 or 173 is for the malicious purpose of causing any person to be subjected to a safety measure, the offender shall be punished with imprisonment of not over three years and a fine of not over six thousand baht.
If the notification under paragraph 1 is for the malicious purpose of causing any person to undergo a punishment or heavier punishment, the offender shall be punished with imprisonment of not over five years and a fine of not over ten thousand baht.
Section175.Whoever falsely charges another person in court with the commission of a criminal offence or the commission of a criminal offence severer than the actual one, shall be punished with imprisonment of not over five years and a fine of not over ten thousand baht.
Section176.Whoever, having committed the offence under section 175, admits the guilt to the court and applies for withdrawal or rectification of the charge before the judgment is given, shall be imposed by the court with a lighter punishment than that designated by the law or may be imposed by the court with no punishment at all.
Section177.Whoever gives false testimony to a court during the trial of a case shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine, if the false testimony deals with an important point in the case.
If the offence mentioned in paragraph 1 is committed during the trial of a criminal case, the offender shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Section178.Whoever, being required by an officer in a position of judge, public prosecutor, police prosecutor, or inquiry officer to translate any information or meaning, gives a mistranslation of such information or meaning on an important point, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section179.Whoever creates false evidence in order that an inquiry officer or officer empowered investigate a criminal case believes that any criminal offence has occurred or that a criminal offence which has occurred is severer than it actually is, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section180.Whoever adduces or produces false evidence during the trial of a case shall be punished with imprisonment of not over three years, or a fine of not over six thousand bath, or both the imprisonment and the fine, if the evidence deals with an important point in the case.
If the offence mentioned in paragraph 1 is committed during the trial of a criminal case, the offender shall be punished with imprisonment of not over sever years and a fine of not over fourteen thousand baht.
Section181.If the offence under section 174, 175, 177, 178, or 180—
(1)is committed in the event any person is alleged to have committed an offence punishable with imprisonment of three years or more, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht;
(2)is committed in the event any person is alleged to have committed an offence punishable with death or imprisonment for life, the offender shall be punished with imprisonment from one year to fifteen years and a fine from two thousand baht to thirty thousand baht.
Section182.Whoever, having committed the offence under section 177 or 178, admits the guilt and reveals the truth to the court or officer before conclusion of the testimony or translation, is not required to be punished.
Section183.Whoever, having committed the offence under section 177, 178, or 180, admits the guilt and reveals the truth to the court or officer before the judgment is given and before he himself is charged with the offence committed, may be punished by the court more lightly in any degree than that designated by the law for such offence.
Section184.Whoever, in order to enable another person to avoid punishment or enjoy lighter punishment, damages, destroys, hides, takes away, or causes to be lost or useless the evidence of the commission of an offence, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section185.Whoever damages, destroys, hides, takes away, or causes to be lost or useless any thing or document sent to a court or preserved at the behest of a court for the trial of a case, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section186.Whoever damages, destroy, hides, takes away, or causes to be lost or useless an item of property which has been adjudged to confiscation, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section187.Whoever, in order to prevent the implementation of a judgment or order of a court, damages, destroys, hides, takes away, or causes to be lost or useless a thing which has been seized or attached or which he knows is likely to be seized or attached, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section188.Whoever, in a manner likely to cause injury to another person or the public, damages, destroys, hides, takes away, or causes to be lost or useless any testament or document of another person, shall be punished with imprisonment of not over five years and a fine of not over ten thousand baht.
Section189.Whoever enables another person who has committed or is alleged to have committed an offence other than a petty offence to avoid punishment by harbouring, hiding, or helping him by any means in order to prevent him from being arrested, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section190.Whoever escapes whilst being detained by the power of a court, inquiry officer, or officer empowered to investigate a criminal case, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If the offence mentioned in paragraph 1 is committed by breaking the place of detention, by exercising forcible violence, by threatening to exercise forcible violence, or through a joint action of three or more persons, the offenders shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section191.Whoever frees from detention by any means a person detained by the power of a court, public prosecutor, inquiry officer, or officer empowered to investigate a criminal case, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If the person freed from detention has been adjudged by any particular court to death, imprisonment for life, or imprisonment of fifteen years or more, or those freed are three or more in number, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
If either offence under this section is committed by exercising forcible violence or by threatening to exercise forcible violence, the offender shall be punished one-half more heavily than the punishment provided by the law in either of the two previous paragraphs.
Section192.Whoever harbours, hides, or enables to avoid arrest by any means a person who has escaped from being detained by the power of a court, inquiry officer, or officer empowered to investigate a criminal case, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section193.If the offence mentioned in section 184, 189, or 192 is committed to help one’s father, mother, child, husband, or wife, the court may refrain from imposing the punishment.
Section194.Whoever, having been subjected by a judgment to the prohibition of entry into a designated area according to section 45, enters such area, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section195.Whoever escapes from a hospital to which he has been committed by a court order in accordance with the dispositions of section 49, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section196.Whoever contravenes a prohibitive order issued by a court in a judgment according to section 50 shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section197.Whoever exercises forcible violence, threatens to exercise forcible violence, offers a benefit, or agrees to offer a benefit in order to prevent or obstruct a public auction held by an officer on account of a judgment or order of a court, shall be punished with imprisonment of not over six months, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section198.Whoever insults a court or judge during the trial or adjudication of a case, or obstructs the trial or adjudication [of a case] by a court, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section199.Whoever secretly buries, hides, removes, or destroys a corpse or part of a corpse in order to conceal a birth or death, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section200.Whoever, being an officer in a position of public prosecutor, police prosecutor, inquiry officer, or officer empowered to investigate a criminal case or implement a criminal warrant, wrongfully does or restrains from doing any act in his position in order to enable any particular person to avoid punishment or enjoy lighter punishment, shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
If the act done or refrained is for maliciously causing any particular person to undergo a punishment, to undergo a heavier punishment, or to be subjected to a safety measure, the offender shall be punished with imprisonment for life, or imprisonment from one year to twenty years and a fine from two thousand baht to forty thousand baht.
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 for life, or imprisonment from one year to twenty years and a fine from two thousand baht to forty thousand baht.
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 for life, or imprisonment from one year to twenty years and a fine from two thousand baht to forty thousand baht.
Section203.Whoever, being an officer having the duty to implement a judgment or order of a court, prevents or obstructs the implementation of such judgment or order, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section204.Whoever, being an officer in an office to oversee a person detained by the power of a court, inquiry officer, or officer empowered to investigate a criminal case, frees such detained person from detention by any means, shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.
If the person freed from detention has been adjudged by any court to death, imprisonment for life, or imprisonment of fifteen years or more, or those freed are three or more in number, the offender shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.
Section205.If the act mentioned in section 204 is committed negligently, the offender shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
If the person negligently freed from detention has been adjudged by any court to death or those freed are three or more in number, the offender shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If the offender manages to have the persons freed from detention return within three months, the imposition of the punishment upon the offender shall be stayed.
Section206.Whoever commits by any means against an object or place of religious reverence of any community of people an act which constitutes desecration of their religion, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section207.Whoever causes disorder amongst a meeting of followers of a religion at the time of their lawful meeting for performing any religious service or rite, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section208.Whoever wrongfully dresses as or uses a symbol signifying a bhikṣu, sāmaṇera, ascetic, or cleric in any religion in order to make others believe that he is such a person, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section209.Whoever is a member of a body of persons which conceals the operating procedure and aims for unlawful activities, thereby commits an offence of forming a secret society and shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
If the offender is the ringleader, manager, or official of such body of persons, he shall be punished with imprisonment of not over ten years and a fine of not over twenty thousand baht.
Section210.Whoever conspires with others, amounting to five or more persons, to commit any of the offences provided in this Division 2 and carrying the maximum punishment of imprisonment of one year or more, thereby commits an offence of forming a criminal association and shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If the conspiracy is for committing an offence punishable with death, imprisonment for life, or maximum imprisonment of ten years or more, the offenders shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.
Section211.Whoever attends a meeting of a secret society or criminal association thereby commits an offence of forming a secret society or criminal association, save where he successfully demonstrates that he attended it without the knowledge that it was a meeting of a secret society or criminal association.
Section212.Whoever—
(1)provides a meeting place or harbour for a secret society or criminal association;
(2)solicits persons to join a secret society or criminal association as its member;
(3)supports a secret society or criminal association by giving things or by other means; or
(4)helps dispose of the things a secret society or criminal association has obtained through the commission of an offence;
shall be punished in the same manner as the person committing the offence of forming a secret society or criminal association, as the case may be.
Section213.If any member a secret society or criminal association has committed the offence aimed by such secret society or criminal association, all the members of the secret society or criminal association present at the time of the commission of the offence or present at its meetings but did not object to the agreement to commit the offence, as well as all the ringleaders, managers, or officials of the secret society or criminal association, shall be punished with the punishment provided for such offence.
Section214.Whoever conducts as usual business the procurement of a harbour, hideout, or meeting place for a person whom he knows has committed an offence provided in this Division 2, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If such offence is committed for the purpose of helping one’s own father, mother, child, husband, or wife, the court may refrain from imposing the punishment.
Section215.Whoever gathers with others, amounting to ten or more persons, exercises forcible violence, threatens to exercise forcible violence, or commits any particular act, thereby bringing about disorder in the Country, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht baht, or both the imprisonment and the fine.
If any of the offenders has a weapon, all the offenders shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
If the offender is the ringleader or has the duty to give orders for the commission of such offence, he shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section216.Whoever fails to disperse when an officer orders the persons gathering for the commission of an offence in accordance with section 215 to disperse, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section217.Whoever sets fire to a thing belonging to another person shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section218.Whoever sets fire to any of the following things:
(1)a building, vessel, or floating house where a human resides;
(2)a building, vessel, or floating house where merchandise is kept or made;
(3)a theatre or meeting place;
(4)a building which is in the public domain of the State, is a public place, or is a place for conducting a religious rite;
(5)a train station, airport, or public car park or vessel mooring;
(6)a steam-powered vessel or motor vessel with the capacity of five tons or more, aircraft, or train which is used in public transport;
shall be punished with imprisonment for life, or imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
Section219.Whoever prepares to commit the offence mentioned in section 217 or 218 shall be punished in the same manner as having attempted to commit such offence.
Section220.Whoever causes fire to any object, even belonging to himself, to the degree likely to harm another person or a thing belonging to another person, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
If the offence mentioned in paragraph 1 causes fire to any of the things specified in section 218, the offender shall be punished as provided in section 218.
Section221.Whoever causes an explosion to the degree likely to harm another person or a thing belonging to another person, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Section222.Whoever causes an explosion to the degree of causing harm to any of the things mentioned in section 217 or 218 shall be punished as provided in such section.
Section223.As for the offence mentioned in section 217, 218, 220, 221, or 222, if the thing harmed or likely to be harmed is of little value and the act is not likely to harm another person, the offender shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section224.If the offence mentioned in section 217, 218, 221, or 222 causes death to another person, the offender shall be punished with death or imprisonment for life.
If it causes serious harm to another person, the offender shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht.
Section225.Whoever negligently causes fire and thereby damages a thing belonging to another person or is likely to harm the life of another person, shall be punished with imprisonment of not over seven years, or a fine of not over fourteen thousand baht, or both the imprisonment and the fine.
Section226.Whoever interferes by any means with a building, dock, public car park or vessel mooring, mooring buoy, structure, engine, machine, electrical wire, or thing created for prevention of harm to a person or thing, to the degree likely to bring about harm to another person, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section227.Whoever, having a profession of designing, controlling, or constructing, repairing, or demolishing any building or structure, fails, in a manner likely to bring about harm to another person, to comply with a criterion or procedure which should be observed therefor, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section228.Whoever commits an act by any means in order to cause a flood or cause obstruction to the use of water which is public utility, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine, if such act is likely to harm another person or a thing belonging to another person.
If the offence mentioned in paragraph 1 causes harm to another person or a thing belonging to another person, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section229.Whoever by any means causes a public way, a floodgate, flood barrier, or dam which is part of a public way, or a takeoff or landing area for an aircraft to be in a condition likely to bring about harm to transportation, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section230.Whoever blocks a trainway or tramway with anything, causes a trainway or tramway to detach, become loose, or move from its place, or interferes with a signal device to the degree likely to bring about harm to the running of a train or tram, shall be punished with imprisonment from six months to five years, or a fine from one thousand baht to fourteen thousand baht, or both the imprisonment and the fine.
Section231.Whoever by any means causes a lighthouse, buoy, signal, or any other thing provided as a signal for the safety of land transportation, water navigation, or air navigation to be in a condition likely to bring about harm to land transportation, water navigation, or air navigation, shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section232.Whoever by any means causes the following vehicle to be in a condition likely to bring about harm to a person:
(1)a seagoing vessel, aircraft, train, or tram;
(2)a car used for public transport; or
(3)a steam-powered vessel or motor vessel with the capacity of five tons or more, which is used for public transport;
shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section233.Whoever uses for transport of passengers for pay a vehicle which is in the condition or is loaded to the degree likely to harm a person on board, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section234.Whoever interferes by any means with a thing used in the generation or transmission of electric power or transmission of water, to the degree which deprives the public of convenience or is likely to bring about harm to the public, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section235.Whoever by any means causes obstruction to public communications by post, telegraphy, telephone, or radio, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section236.Whoever adulterates food, medicine, or any other consumable good for a person to consume or use and is thereby likely to bring about harm to the health, or disposes of or offers for sale such a thing in order that it be consumed or used by a person, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section237.Whoever introduces to food or to the water in any pond, pool, or reservoir a poisonous substance or other thing which is likely to be harmful to the health, shall be punished with imprisonment from six months to ten years and a fine from one thousand baht to twenty thousand baht, when such food or water is for or is provided for public consumption.
Section238.If any of offences under sections 226 to 237 causes death to another person, the offender shall be punished with imprisonment for life, or imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
If it causes serious harm to another person, the offender shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
Section239.If any of the acts mentioned in sections 226 to 237 is committed negligently and almost harms the life of another person, the offender shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section240.Whoever forges currency, whether it be forged as a coin, note, or any other thing which the Government issues or authorises to be issued, or forges a government bond or coupon for receipt of interest from such bond, thereby commits an offence of forgery of currency and shall be punished with imprisonment for life, or imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht.
Section241.Whoever alters currency, whether in the form of coin, note, or any other thing which the Government issues or authorises to be issued, or alters a government bond or coupon for receipt of interest from such bond that it becomes different from the original form in order to make others believe that it is of higher value than it actually is, thereby commits an offence of alteration of currency and shall be punished with imprisonment for life, or imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
Section242.Whoever dishonestly decreases the weight of a coin issued by the Government shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Whoever brings into the Kingdom, utters, or possesses for uttering a coin the weight of which has been dishonestly decreased in accordance with the disposition of paragraph 1 shall be punished with the same.
Section243.Whoever brings into the Kingdom anything forged in accordance with section 240 or altered in accordance with section 241 shall be punished as provided in such section.
Section244.Whoever possesses for uttering anything which he has obtained with the knowledge that it has been forged in accordance with section 240 or altered in accordance with section 241 shall be punished with imprisonment from one year to fifteen years and a fine from two thousand baht to thirty thousand baht.
Section245.Whoever obtains anything without the knowledge that it has been forged in accordance with section 240 or altered in accordance with section 241 shall be punished with imprisonment of not over ten years, or a fine of not over twenty thousand baht, or both the imprisonment and the fine, if he later knows that it has been so forged or altered and he still utters it.
Section246.Whoever makes a tool or object for forgery or alteration of currency, whether in the form of coin, note, or anything which the Government issues or authorises to be issued, or for forgery or alteration of a government bond or coupon for receipt of interest from such bond, or possesses the mentioned tool or object for use in forgery or alteration, shall be punished with imprisonment from five years to fifteen years and a fine from ten thousand baht to thirty thousand baht.
Section247.If any of the acts mentioned in this Chapter relates to currency, whether in the form of coin, note, or any other thing, which a foreign government issues or authorises to be issued, or relates to a foreign government bond or coupon for receipt of interest from such bond, the offender shall be punished with one half of the punishment provided in the section concerned.
Section248.If the offender under section 240, 241, or 247 has also committed the offence under a different section of this Chapter in relation to the thing he has forged or altered, he shall be punished in accordance with section 240, 241, or 247 on a single count only.
Section249.Whoever makes a piece of paper or metal of any kind to be of a characteristic and size resembling currency, whether in the form of coin, note, or anything which the Government issues or authorises to be issued, or a government bond, or a coupon for receipt of interest from such bond, or disposes of such a piece of paper or metal, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
If the piece of paper or metal mentioned in paragraph 1 is disposed of by uttering as if being any of the things mentioned in paragraph 1, the offender shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section250.Whoever forges a state seal, state seal impression, or royal sign-manual shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
Section251.Whoever forges a seal or impression of a seal of a public body, public organisation, or officer, shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.
Section252.Whoever uses such a seal, seal impression, or royal sign-manual as mentioned in section 250 or 251 which has been forged, shall be punished as provided in such section.
Section253.Whoever obtains such a seal or seal impression as mentioned in section 250 or 251 which is a genuine seal or seal impression and wrongfully uses the seal or seal impression in a manner likely to cause injury to another person or the public, shall be punished with two thirds of the punishment provided in section 250 or 251.
Section254.Whoever forges a government stamp used for postal service, taxation, or collection of fees, or alters a government stamp used for such purpose that it becomes different from the original form in order to make others believe that it is of higher value than it actually is, shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.
Section255.Whoever brings into the Kingdom such a state seal, state seal impression, royal sign-manual, seal or seal impression of a public body, public organisation, or officer, or stamp as mentioned in section 250, 251, or 254 which has been forged or altered, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
Section256.Whoever, in order to make it usable again, erases, removes, or interferes by any means with a government stamp which is specified in section 254 and has any symbol or act done to it to indicate that it is no longer usable, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section257.Whoever uses, sells, offers for sale, exchanges, or offers for exchange a stamp produced by the act mentioned in section 254 or 256, regardless of whether the act under such section has been done inside or outside the Kingdom, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section258.Whoever forges a passenger ticket used in public transport, or alters a passenger ticket used in public transport that it becomes different from the original form in order to make others believe that it is of higher value than it actually is, or, in order to make it usable again, erases, removes, or interferes by any means with such a ticket which has any symbol or act done to it to indicate that it is no longer usable, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section259.If the act under section 258 relates to a ticket disposed of to the public for admittance into any place, the offender shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section260.Whoever uses, sells, offers for sale, exchanges, or offers for exchange a ticket produced by the act mentioned in section 258 or 259, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section261.Whoever makes a tool or object for forgery or alteration of any of the things specified in section 254, 258, or 259, or possesses such tool or object for use in forgery or alteration, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section262.If such an act as mentioned in section 254, 256, 257, or 261 relates to a foreign government stamp, the offender shall be punished with one half of the punishment provided in such section.
Section263.If the offender under section 250, 251, 256, 258, 259, or 261 has also committed the offence under a different section of this Chapter in relation to the thing produced by the commission of such offence, he shall be punished in accordance with section 250, 251, 254, 256, 258, 259, or 262 on a single count only.
Section264.Whoever forges a document in whole or in part, causes information to be added to or abridged from or by any means modifies a genuine document, or affixes a false seal or puts a false signature to a document in a manner likely to cause injury to another person or the public, thereby commits an offence of document forgery and shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine, if he does so in order to make any person erroneously believe that it is a genuine document.
Whoever inserts information in a piece of paper or any other object which contains the signature of another person without the consent or against the order of such person shall be deemed to forge a document and shall be punished with the same, if he does so in order to utter the document in the activity which may cause injury to any person or the public.
Section265.Whoever forges a right document or official document shall be punished with imprisonment from six months to five years and a fine from one thousand baht to fourteen thousand baht.
Section266.Whoever forges the following document:
(1)a right document which is an official document;
(2)a testament;
(3)a share certificate, debenture, or share or debenture warrant; or
(4)a bill;
shall be punished with imprisonment from one year to four years and a fine from two thousand baht to twenty thousand baht.
Section267.Whoever, in a manner likely to cause injury to another person or the public, notifies an officer, who is carrying out a duty, to record false information onto a public document or official document intended to be used as evidence, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section268.Whoever, in a manner likely to cause injury to another person or the public, utters or cites a document produced by the commission of the offence under section 264, 265, 266, or 267, shall be punished as provided in such section.
If the offender under paragraph 1 is the one who forged the document or notified the officer to record the information, only the punishment under this section shall be imposed on a single count.
Section269.Whoever, in conducting a career in the field of medicine, law, accountancy, or any other profession, makes a false certification in writing in a manner likely to cause injury to another person or the public, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Whoever dishonestly utters or cites a certification produced by the commission of the offence under paragraph 1 shall be punished with the same.
Section270.Whoever uses or possesses for use a nonstandard device for measurement of weight, volume, or length in order to gain advantage in trade, or possesses such a device for sale, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section271.Whoever sells goods by deceiving a buyer into erroneously believing in the false origin, condition, quality, or quantity of the goods by any means, shall be punished with imprisonment of not over one year, or a fine of not over six thousand baht, or both the imprisonment and the fine, if such act does not constitute an offence of defrauding.
The offence under this section is compoundable.
Section272.Whoever—
(1)puts to use or causes to appear on merchandise, boxes, wrappers, casings, notifications, price lists, trade-related letters, or other similar things any trade name, image, artificial mark, or information of another person, in order to make the public erroneously believe that the merchandise or trade belongs to the latter;
(2)imitates a label or other similar thing to the degree likely to make the public erroneously believe that his trading establishment is another person’s trading establishment located nearby;
(3)disseminates or circulates false information in order to discredit any person’s trading establishment, merchandise, industry, or commerce, with a view to benefiting his own trade;
shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
The offence under this section is compoundable.
Section273.Whoever forges a registered trademark of another person, whether registered inside or outside the Kingdom, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section274.Whoever imitates a registered trademark of another person, whether registered inside or outside the Kingdom, in order to make the public erroneously believe that it is a trademark of such other person, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section275.Whoever brings into the Kingdom, disposes of, or offers for disposal merchandise which bears any such name, image, artificial mark, or information as provided in section 272(1), or merchandise which bears a forged trademark or imitates a trademark of another person according to section 273 or 274, shall be punished as provided in such section.
Section276.Whoever forcibly performs sexual intercourse with another woman than his own wife by threatening in any manner, by exercising forcible violence, whilst the woman is incapable of resistance, or by making the woman mistake him for a different person, shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
Section277.Whoever performs sexual intercourse with a girl who is still not older than thirteen years, whether with or without the consent of that girl, shall be punished with imprisonment from two years to twelve years and a fine from four thousand baht to twenty-four thousand baht.
Section278.Whoever commits indecency with a person who is older than thirteen years by threatening in any manner, by exercising forcible violence, whilst that person is incapable of resistance, or by making that person mistake him for a different person, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section279.Whoever commits indecency with a child who is still not older than thirteen years, whether with or without the consent of that child, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If the offender commits the offence under paragraph 1 by threatening in any manner, by exercising forcible violence, whilst that child is incapable of resistance, or by making the child mistake him for a different person, he shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section280.If the offence under section 276, 277, 278, or 279 causes to the victim—
(1)serious harm, the offender shall be punished with imprisonment from two years to fifteen years and a fine from four thousand baht to thirty thousand baht;
(2)death, the offender shall be punished with imprisonment for life, or imprisonment from twelve years to twenty years and a fine from twenty-four thousand baht to forty thousand baht.
Section281.The offence under section 276 or 278 is compoundable if it did not occur in the presence of others, did not cause serious harm or death to the victim, did not occur through a joint action characteristic of gang rape against a woman, or was not committed against any of the persons specified in section 285.
Section282.Whoever, in order to satisfy the lust of another person, makes it his own business to procure, lures away, or leads away for an indecent purpose a girl or woman who is still not older than eighteen years, whether with or without the consent of that girl or woman, shall be punished with imprisonment of not over five years and a fine of not over ten thousand baht, regardless of whether or not the acts constituting such offence are committed in different countries.
Section283.Whoever, in order to satisfy the lust of another person, makes it his own business to procure, lures away, or leads away a woman for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht, regardless of whether or not the acts constituting such offence are committed in different countries.
Section284.Whoever carries a woman away for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Whoever hides the woman that has been carried away according to paragraph 1 shall be punished in the same manner as the carrier.
The offences under this section are compoundable.
Section285.If the offence under section 276, 277, 278, 279, 280, 282, or 283 is committed against a descendant, a pupil under his care, a person placed under his control owing to a public duty, or a person under his guardianship, custodianship, or curatorship, the offender shall be punished one-third more heavily than that provided in such section.
Section286.Any man who, being older than sixteen years, lives on the fruits of working of a public woman, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Any man who has no other apparent means of living or has no sufficient means of living and—
(1)appears to be together with or to associate with one or several public women habitually;
(2)is accommodated or receives money or other benefit furnished by a public woman; or
(3)intervenes to help a public woman in her quarrel or dispute with her client;
shall be deemed to live on the fruits of working of a public woman, save where he provides a satisfactory proof that it is not so.
The provisions of this section shall not apply to a person receiving maintenance from a public woman who is legally or morally obliged to provide such maintenance.
Section287.Whoever—
(1)for trading purposes or through trade, for distribution, or for exhibition to the public, creates, manufactures, possesses, brings into or causes to be brought into the Kingdom, sends out or causes to be sent out of the Kingdom, carries or causes to be carried to [any place], or circulates by any means a document, drawing, print, painting, printed material, picture, poster, symbol, photograph, film, or any other thing which is obscene;
(2)trades in or takes part in or involves himself in trade relating to the mentioned obscene object or material; distributes or exhibits to the public or hires out such object or material;
(3)in order to help circulating or trading in the mentioned obscene object or material, publishes or disseminates by any means the information that a person is committing an act which constitutes the offence under this section, or publishes or disseminates the information as to the person from whom or the way by which the mentioned obscene object or material could be found;
shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section288.Whoever kills another person shall be punished with death, imprisonment for life, or imprisonment from fifteen years to twenty years.
Section289.Whoever—
(1)kills an ascendant;
(2)kills an officer who is carrying out a duty or because he is to carry out or has carried out a duty;
(3)kills a person who assists an officer in the latter’s carrying out of duty or because such person is to help or has helped the mentioned officer;
(4)kills another person premeditatedly;
(5)kills another person with torture and with cruelty or brutality;
(6)kills another person in preparation for or for convenience of the commission of a different offence; or
(7)kills another person in order to take or retain an interest accruing from the commission by him of a different offence, in order to conceal a different offence of his, or in order to avoid the punishment for a different offence he has committed;
shall be punished with death.
Section290.Whoever, despite having no intent to kill, assaults another person to the degree of causing death to him, shall be punished with imprisonment from three years to fifteen years.
If that offence bears any such characteristic as provided in section 289, the offender shall be punished with imprisonment from three years to twenty years.
Section291.Whoever acts negligently and thereby causes death to another person shall be punished with imprisonment of not over ten years and a fine of not over twenty thousand baht.
Section292.Whoever treats with cruelty or similar conduct a person who needs to depend upon him for living or for any other purpose, in order to cause such person to commit suicide, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht if the suicide occurs or the suicide is attempted.
Section293.Whoever helps or incites to commit suicide a child who is still not older than sixteen years or a person who is incapable of understanding the nature or essence of his own action or incapable of directing his own action, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine, if the suicide occurs or the suicide is attempted.
Section294.Whoever participates in an affray of three or more persons shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine, if any particular person, whether or not being a participant therein, dies by cause of an act done therein.
If a participant in such affray successfully demonstrates that his act was to stop the affray or was in lawful defence, he is not required to be punished.
Section295.Whoever assaults another person to the degree of causing harm to the body or mind of such other person, thereby commits an offence of assault causing bodily harm and shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section296.Whoever commits an offence of assault causing bodily harm shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both such imprisonment and the fine, if the offence bears any such characteristic as provided in section 289.
Section297.Whoever commits an offence of assault causing bodily harm to the degree of causing serious harm to the assaulted person shall be punished with imprisonment from six months to ten years.
Such serious harm is—
(1)blindness, deafness, tongue laceration, or loss of the olfactory nerve;
(2)loss of a reproductive organ or the ability to reproduce;
(3)loss of an arm, leg, hand, foot, finger, or any other organ;
(4)permanent facial disfigurement;
(5)abortion;
(6)permanent mental disability;
(7)infirmity or chronic illness which may last for life;
(8)infirmity or illness involving painful symptoms for more than twenty days or to the degree of being unable to perform obligatory roles as usual for more than twenty days.
Section298.Whoever commits the offence under section 297 shall be punished with imprisonment from two years to ten years, if that offence bears any such characteristic as provided in section 289.
Section299.Whoever participates in an affray of three or more persons shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine, when any particular person, whether or not being a participant therein, undergoes serious harm by cause of an act done therein.
If a participant in such affray successfully demonstrates that his act was to stop the affray or was in lawful defence, he shall not be punished.
Section300.Whoever acts negligently and thereby causes serious harm to another person shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section301.Any woman who causes her own abortion or allows another person to cause her abortion shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section302.Whoever causes a woman to undergo abortion with the consent of such woman shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If such act causes other serious harm to the woman also, the offender shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine.
If such act causes death to the woman, the offender shall be punished with imprisonment not over ten years and a fine not over twenty thousand baht.
Section303.Whoever causes abortion of a woman without her consent shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine.
If such act causes other serious harm to the woman also, the offender shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
If such act causes death to the woman, the offender shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
Section304.Whoever merely attempts to commit the offence under section 301 or 302, paragraph 1, is not required to be punished.
Section305.If either of the offences mentioned in sections 301 and 302 is committed by a male physician and—
(1)it is necessary because of the health of the woman; or
(2)the woman has become pregnant because of the criminal offence provided in section 276, 277, 282, 283, or 284;
the offender is guiltless.
Section306.Whoever abandons a child who is still not older than nine years at any place in order that the child be away from him and in a manner that causes the child to lack a carer, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section307.Whoever, having a legal or contractual duty to take care of a person incapable of self-dependence due to age, sickness, physical disability, or mental disability, abandons the latter in a manner likely to cause harm to the life, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section308.If the offence under section 306 or 307 causes death or serious harm to the abandoned person, the offender shall be punished as provided in section 290, 297, or 298.
Section309.Whoever coerces another person into doing, refraining from, or yielding to anything, by causing a fear of possible harm to the life, body, liberty, reputation, or property of the coerced person or another person or by exercising forcible violence to the degree that the coerced person has to do, refrain from, or yield to such thing, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 is committed whilst having a weapon or through a joint action of five or more persons, or is committed in order to have the coerced person create, cancel, damage, or destroy any right document, the offender shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If it is committed by alluding to the power of a secret society or criminal association, whether or not such secret society or criminal association exists, the offender shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.
Section310.Whoever restrains or confines another person or by any means deprives another person of physical liberty, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 causes death or serious harm to the person restrained, confined, or deprived of physical liberty, the offender shall be punished as provided in section 290, 297, or 298.
Section311.Whoever acts negligently and thereby causes another person to be restrained, confined, or deprived of physical liberty, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 causes death or serious harm to the person restrained, confined, or deprived of physical liberty, the offender shall be punished as provided in section 291 or 300.
Section312.Whoever, in order to reduce a human to slavery or a status resembling slavery, brings into or sends out of the Kingdom, carries from any place, sells, buys, disposes of, receives, or restrains any particular person, shall be punished with imprisonment of not over seven years and a fine of not over fourteen thousand baht.
Section313.Whoever, in order to obtain ransom—
(1)takes away a child who is still not older than thirteen years;
(2)takes away a person who is older than thirteen years by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion; or
(3)restrains or confines any person;
shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.
If the offence mentioned in paragraph 1 causes serious harm to the person taken away, restrained, or confined, the offender shall be punished with death or imprisonment for life.
If such offence causes death to the person taken away, restrained, or confined or it is committed with torture or with cruelty or brutality to the degree that causes physical or mental harm to the victim, the offender shall be punished with death or imprisonment for life.
Section314.Whoever aids in the commission of the offence under section 313 shall be punished in the same manner as the principal in such offence.
Section315.Whoever acts as an intermediary by demanding, receiving, or agreeing to receive from the offender under section 313 or from the ransom giver the property or benefit which should not be obtained, shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.
Section316.If, before the court of first instance gives the judgment, the offender under section 313, 314, or 315 manages to restore the person taken away, restrained, or confined to liberty without him having undergone serious harm or fallen under a situation of imminent harm to the life, the punishment imposed shall be lighter than that designated by the law but not than one half.
Section317.Whoever, without appropriate cause, separates a child who is still not older than thirteen years from the father, mother, guardian, or carer, shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Whoever dishonestly buys, disposes of, or receives a child who has been separated according to the disposition of of paragraph 1 shall be punished in the same manner as the separator.
Section318.Whoever separates a minor who is older than thirteen years but still not than eighteen years from the father, mother, guardian, or carer when the minor is not willing to go with him, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If either of the offences mentioned in the two previous paragraphs is committed for seeking profit or for an indecent purpose, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section319.Whoever, for seeking profit or for an indecent purpose, separates a minor who is older than thirteen years but still not than eighteen years from the father, mother, guardian, or carer when the minor is willing to go with him, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Whoever dishonestly buys, disposes of, or receives a minor who has been separated according to the disposition of paragraph 1, shall be punished in the same manner as the separator.
Section320.Whoever carries or sends a human out of the Kingdom by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If the offence under paragraph 1 is committed in order to unlawfully subject the carried or sent person to the power of another person or to leave him helpless, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section321.The offences under section 309, paragraph 1, section 310, paragraph 1, and section 311, paragraph 1, are compoundable.
Section322.Whoever unseals or takes away any sealed letter, telegram, or document of another person in order to know or disclose the information in such letter, telegram, or document, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine, if the act is likely to cause injury to any particular person.
Section323.Whoever knows or obtains a secret of another person as a result of being a competent officer, as a result of conducting an occupation as a physician, pharmacist, dispensing chemist, female midwife, nurse, cleric, advocate, attorney-at-law, or auditor, or as a result of being an assistant in the conduct of such occupation, and discloses the secret in a manner likely to cause injury to any particular person, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
A person educated or trained for the occupation mentioned in paragraph 1 who discloses in a manner likely to cause injury to any particular person a secret of another person which he has known or obtained through such education or training shall be punished with the same.
Section324.Whoever knows or obtains as a result of having an office, profession, or occupation of trust a secret of another person which relates to an industry, discovery, or scientific invention, and discloses or uses such secret for his own or another person’s benefit, shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section325.The offences under this Chapter are compoundable.
Section326.Whoever makes an imputation against another person before a third person in a manner likely to subject such other person to disrepute, insult, or hate, thereby commits an offence of defamation and shall be punished with imprisonment of not over six months, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section327.Whoever makes an imputation against a dead person before a third person thereby commits an offence of defamation and shall be punished as provided in section 326 when the imputation is likely to cause disrepute, insult, or hate to the father, mother, spouse, or child of the dead person.
Section328.If the offence of defamation is committed by publication through a document, drawing, painting, film, picture or letter made available by any means, phonograph record, or other audio recording; committed by broadcasting of sound; or committed by any other means of publicity; the offender shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section329.Whoever honestly expresses any opinion or information—
(1)for legitimacy, self-defence, or defence of a due interest in relation to him;
(2)in the capacity as an officer that carries out a duty;
(3)in order to give a fair comment upon any person or thing as people would ordinarily do; or
(4)in making a fair report of news regarding public proceedings of a court or conference;
is not guilty of defamation.
Section330.In a defamation case, if the alleged offender successfully proves that the alleged defamation is true, he is not required to be punished.
However, no proof shall be permitted if the alleged defamation is an imputation regarding personal matters and the proof thereof would not be of benefit to the public.
Section331.A party to a case, or an attorney-at-law of a party to a case, who expresses opinion or information at a proceeding before a court for the benefit of his own case, is not guilty of defamation.
Section332.In a defamation case in which the accused is adjudged guilty, the court may order—
(1)that the objects or parts of the objects which contain defamatory information be seized and destroyed;
(2)that the judgment be published in whole or in part in one or several newspapers for once or several times, with the publication costs borne by the accused.
Section333.The offences under this Chapter are compoundable.
If the person injured by an offence of defamation dies prior to lodging a complaint, the father, mother, spouse, or child of the person injured shall be able to lodge a complaint and shall be deemed to be the person injured.
Section334.Whoever dishonestly takes away a thing which belongs to another person or of which another person is a co-owner thereby commits an offence of theft and shall be punished with imprisonment of not over three years and a fine of not over six thousand baht.
Section335.Whoever commits theft of a thing—
(1)in the nighttime;
(2)at or around a place where there is a fire, explosion, or flood incident takes place, or at or around a place where there is an accident, a train or other vehicle for public travel in distress, or other similar disaster, or by taking advantage of the occurrence of such an incident or taking advantage of the fact that the public are being panic or taking fright over any danger;
(3)by doing harm to a barrier for protection of a person or thing or by passing through such a barrier by any means;
(4)by making access through a channel which has been created without being meant for human entrance or making access through a channel which has been opened for him by a conniver;
(5)by disguising himself as or impersonating another person, blackening the face, or doing otherwise so as to prevent the face from being seen or remembered;
(6)by pretending to be an officer;
(7)whilst having a weapon or through a joint action of two or more persons;
(8)in a dwelling place, an official place, or a place arranged for the provision of public service, which he has entered without permission or has hidden himself in;
(9)in a place of public worship, train station, airport, public car park or vessel mooring, public place for loading or unloading of merchandise, or on board a public conveyance;
(10)which is used or provided for public benefit;
(11)which belongs to the employer or is in the possession of the employer;
(12)which belongs to a person whose occupation is farming, when the thing is a product, seed stock, animal, or tool possessed for the conduct of farming or obtained from farming;
shall be punished with imprisonment from six months to five years and a fine from one thousand baht to ten thousand baht.
If the offence so committed consists of such characteristics as provided in two or more of the aforementioned subsections, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
If any of the offences mentioned in this section is committed out of compulsion or unbearable poverty and the thing is of little value, the court may impose upon the offender such punishment as provided in section 334.
Section336.Whoever commits theft of a thing by grasping or grabbing it in the presence [of its owner] thereby commits an offence of snatching and shall be punished with imprisonment of not over five years and a fine of not over ten thousand baht.
If the snatching causes physical or mental harm to another person, the offender shall be punished with imprisonment from two years to seven years and a fine from four thousand baht to fourteen thousand baht.
If the snatching causes serious harm to another person, the offender shall be punished with imprisonment from three years to ten years and a fine from six thousand baht to twenty thousand baht.
If the snatching causes death to another person, the offender shall be punished with imprisonment from five years to fifteen years and a fine from ten thousand baht to thirty thousand baht.
Section337.Whoever coerces another person into giving or agreeing to give him or a different person a benefit which is characteristic of property, by exercising forcible violence against or by threatening to harm the life, body, liberty, or reputation of the coerced person or a third person to the degree that the coerced person so agrees, thereby commits an offence of extortion and shall be punished with imprisonment of not over five years and a fine of not over ten thousand baht.
If the offence of extortion is committed—
(1)by threatening to kill, threatening to assault the coerced person or another person so as to subject him to serious harm, or threatening to set fire to a thing belonging to the coerced person or another person; or
(2)by carrying on the body a weapon for threatening;
the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section338.Whoever coerces another person into giving or agreeing to give him or a different person a benefit which is characteristic of property, by threatening to disclose a secret the disclosure of which would cause injury to the threatened person or a third person to the degree that the threatened person so agrees, thereby commits an offence of blackmail and shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
Section339.Whoever commits theft of a thing by exercising forcible violence or threatening to exercise forcible violence at that instant in order to—
(1)facilitate the theft or carrying away of the thing;
(2)obtain surrender of the thing;
(3)retain the thing;
(4)conceal the commission of the offence; or
(5)avoid arrest;
thereby commits an offence of robbery and shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.
If the offence so committed consists of such characteristic as provided in any particular subsection of section 335, the offender shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.
If the robbery causes physical or mental harm to another person, the offender shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.
If the robbery causes serious harm to another person, the offender shall be punished with imprisonment from three years to fifteen years and a fine from six thousand baht to thirty thousand baht.
If the robbery causes death to another person, the offender shall be punished with imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
Section340.Whoever commits robbery through a joint action of three or more persons thereby commits an offence of gang robbery and shall be punished with imprisonment from five years to ten years and a fine from ten thousand baht to twenty thousand baht.
If, in committing gang robbery, at least any one of the offenders also carries a weapon on the body, the offenders shall be punished with imprisonment from ten years to fifteen years and a fine from twenty thousand baht to thirty thousand baht.
If the gang robbery causes serious harm to another person, the offenders shall be punished with imprisonment for life or imprisonment from fifteen years to twenty years.
If the gang robbery is committed through expression of cruelty to the degree of causing physical or mental harm to another person, or by discharge of a gun, by use of an explosive, or by infliction of torture, the offenders shall be punished with imprisonment for life or imprisonment of twenty years.
If the gang robbery causes death to another person, the offenders shall be punished with death or imprisonment for life.
Section341.Whoever dishonesty deceives another person by presenting false information or concealing the facts which should be declared clearly and, by means of such deception, obtains property from the deceived person or a third person or causes the deceived person or third person to create, cancel, or destroy a right document, thereby commits an offence of defrauding and shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section342.If, in committing the offence of defrauding, the offender—
(1)presents himself as another person; or
(2)takes advantage of the unintelligence of the deceived person who is a child or takes advantage of the mental weakness of the deceived person;
the offender shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section343.If the offence under section 341 is committed by presenting false information to the public or by concealing the facts which should be declared clearly to the public, the offender shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If the commission of the offence mentioned in paragraph 1 also contains such characteristic as mentioned in any particular subsection of section 342, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.
Section344.Whoever dishonestly deceives ten or more persons into doing any work for him or for a third person without the intention to pay them compensation or wages or with the intention to pay them lower compensation or wages than those agreed upon, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section345.Whoever orders and consumes food or drink or takes lodging in a hotel with the knowledge that he himself is unable to pay the price of the food, drink, or hotel lodging, shall be punished with imprisonment of not over three months, or a fine of not over five hundred baht, or both the imprisonment and the fine.
Section346.Whoever, in order to take another person’s property as his own or a third person’s and by taking advantage of the fact that the persuaded person is mentally weak or is an unintelligent child and is unable to properly understand the essence of his own action, persuades any particular person to dispose of the property in a disadvantageous manner until the persuaded person disposes of such property, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section347.Whoever, in order to furnish himself or another person with a benefit from a casualty insurance, maliciously damages the property which is the insured object, shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section348.The offences under this Chapter, save the offence under section 343, are compoundable.
Section349.Whoever takes away, damages, destroys, depreciates, or causes to be useless a thing which he has pledged to another person, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine, if he does so in order to cause injury to the pledgee.
Section350.Whoever moves away, hides, or transfers to another person any thing or maliciously obligates himself to any ingenuine amount of debt in order to prevent from receiving the payment of a debt, either in whole or in part, his own or another person’s creditor who has exercised or is to exercise through a court a claim for the payment, shall be punished with imprisonment of not over two years, or a fine of not over four thousand baht, or both the imprisonment and the fine.
Section351.The offences under this Chapter are compoundable.
Section352.Whoever, being in possession of a thing which belongs to another person or of which another person is a co-owner, dishonestly converts such thing to himself or a third person, thereby commits an offence of embezzlement and shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
If such thing falls into the possession of the offender because another person has delivered it to him through any kind of mistake or it is a lost item of property which the offender has retrieved, the offender shall merely be punished with one half [of the above punishment].
Section353.Whoever, having been authorised to administer the property which belongs to another person or the property which another person is a co-owner, dishonestly breaches his duty by any means to the degree of causing injury to the latter’s benefit characteristic of property, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section354.If the offence under section 352 or 353 is committed in the offender’s capacity as the administrator of another person’s property according to a court order or testament, or in his capacity as a person with an occupation or business of public trust, the offender shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section355.Whoever retrieves a valuable item of movable property which has been hidden or buried under the circumstance in which no one may claim to be its owner, and converts such property to himself or another person, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section356.The offences under this Chapter are compoundable.
Section357.Whoever helps hide, helps dispose of, helps carry away, buys, accepts the pledging of, or accepts by any means a thing which has been obtained through the commission of an offence when such offence is characteristic of theft, snatching, extortion, blackmail, robbery, gang robbery, defrauding, embezzlement, or embezzlement by an officer, thereby commits an offence of receiving stolen goods and shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
If the offence of receiving stolen goods is committed for profit making or is committed against a thing which has been obtained through theft according to section 335(10), robbery, or gang robbery, the offender shall be punished with imprisonment from six months to ten years and a fine from one thousand baht to twenty thousand baht.
Section358.Whoever damages, destroys, depreciates, or renders useless a thing which belongs to another person or of which another person is a co-owner, commits an offence of mischief and shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section359.If the offence under section 358 is committed upon—
(1)a machine or engine used in the conduct of farming or industry;
(2)cattle;
(3)a conveyance or beast of burden used in public transport or in the conduct of farming or industry; or
(4)a plant or plant product of a farmer;
the offender shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section360.Whoever damages, destroys, depreciates, or causes to be useless a thing which is used or provided for public benefit shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section361.The offences under sections 358 and 359 are compoundable.
Section362.Whoever enters upon immovable property of another person so as to occupy it in whole or in part or to commit any act which disturbs its peaceful occupation by the latter, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section363.Whoever, in order to assume immovable property of another person as his own or a third person’s, removes or destroys its boundary marker in whole or in part, shall be punished with imprisonment of not over three years, or a fine of not over six thousand baht, or both the imprisonment and the fine.
Section364.Whoever, without appropriate cause, enters upon or hides himself in a dwelling place, repository, or office occupied by another person, or refuses to leave such place when expelled by a person having the right to prohibit his entry, shall be punished with imprisonment of not over one year, or a fine of not over two thousand baht, or both the imprisonment and the fine.
Section365.If the offence under section 362, 363, or 364 is committed—
(1)by exercising forcible violence or threatening to exercise forcible violence;
(2)whilst having a weapon or through a joint action of two or more persons; or
(3)in the nighttime;
the offender shall be punished with imprisonment of not over five years, or a fine of not over ten thousand baht, or both the imprisonment and the fine.
Section366.The offences under this Chapter, save the offence under section 365, are compoundable.
Section367.Whoever, when asked about the name or address by an officer in order to execute a law, refuses to declare it or maliciously declares a false name or address, shall be punished with a fine of not over one hundred baht.
Section368.Whoever, being informed of an order given by an officer by a legally given power, fails to comply with the order without appropriate cause or excuse, shall be punished with imprisonment of not over ten days, or a fine of not over five hundred baht, or both the imprisonment and the fine.
If the order so given requires him to help carry out an activity that falls under the duty of the officer, in regard to which the law permits the latter to command help, he shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section369.Whoever causes by any means to fall off, tear, or be useless any announcement, poster, or document which an officer, in the execution of a duty, has posted up or displayed or ordered to be posted up or displayed, shall be punished with a fine of not over five hundred baht.
Section370.Whoever, without appropriate cause, gives forth a sound, creates a sound, or makes a noise to the degree exposing the public to alarm or trouble, shall be punished with a fine of not over one hundred baht.
Section371.Whoever carries a weapon into a town, village, or public way in an open manner or without appropriate cause, or carries it into an assembly of people organised for a religious service, for amusement, or for any other purpose, shall be punished with a fine of not over one hundred baht, and the court shall have the power to order confiscation of such weapon.
Section372.Whoever noisily quarrels with another person on a public way or in a public place, or otherwise breaks the peace and order of a public way or public place, shall be punished with a fine of not over five hundred baht.
Section373.Whoever, having the oversight of an insane person, neglectfully allows the insane person to wander around alone, shall be punished with a fine of not over five hundred baht.
Section374.Whoever sees another person being in danger to life, in regard to which he may offer help without having to fear harm to himself or another person, but fails to give necessary help, shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section375.Whoever causes obstruction or inconvenience to a water drain, water channel, or foul sewer which belongs to the public, shall be punished with a fine of not over five hundred baht.
Section376.Whoever, in a town, village, or assembly of people, unreasonably discharges a gun which uses explosive powder, shall be punished with imprisonment of not over ten days, or a fine of not over five hundred baht, or both the imprisonment and the fine.
Section377.Whoever, being in control of a ferocious animal or dangerous animal, neglectfully allows the animal to wander around alone in a manner which may harm a person or thing, shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section378.Whoever consumes liquor or other intoxicating substance to the degree causing himself to be intoxicated, to behave disorderly, or to lose his sense whilst being on a public road or in a public place, shall be punished with a fine of not over five hundred baht.
Section379.Whoever draws out or displays a weapon during a dispute or fight 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.
Section380.Whoever pollutes the water in a pool, pond, or reservoir provided for public use 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.
Section381.Whoever commits cruelty against an animal or kills an animal by subjecting it to unnecessary pain 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.
Section382.Whoever employs an animal to work excessively or inappropriately despite its sickness, old age, or young age, 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.
Section383.Whoever, being called upon by an officer to help abate a fire or other public disaster when it occurs, fails to help despite being able to help, 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.
Section384.Whoever maliciously declares a falsehood that it goes into circulation to the degree exposing the public to panic or alarm, 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.
Section385.Whoever, without lawful permission, blocks a public way to the degree which may impede the safety or convenience of transportation, whether by placing or abandoning an article or by any other means, shall be punished with a fine of not over five hundred baht unless such an act is necessary.
Section386.Whoever digs a hole or furrow in or has an article untidily set up on, fixed into, or placed upon a public way without lawful permission, or, despite being lawfully able to do so, neglects to display an appropriate sign to prevent an accident, shall be punished with a fine of not over five hundred baht.
Section387.Whoever hangs, installs, or places anything in a manner that it is likely to fall down or collapse, thereby exposing a passerby on a public way to harm, dirtiness, or trouble, shall be punished with a fine of not over five hundred baht.
Section388.Whoever commits a shameful act in the presence of others, whether by uncovering or revealing the body or by doing a different act of obscenity, shall be punished with a fine of not over five hundred baht.
Section389.Whoever causes a solid substance to fall onto any place by any means which is likely to create harm or nuisance to a person or create harm to a thing, or by any means causes a person or thing to be or likely to be dirtied with a foul substance, or maliciously causes a foul substance to be a source of nuisance, 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.
Section390.Whoever acts negligently and thereby causes another person to undergo physical or mental harm shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section391.Whoever forcibly assaults another person in a manner not as serious as causing physical or mental harm shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section392.Whoever, by threat, causes another person to take fright or alarm shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section393.Whoever insults another person in his presence or through publication shall be punished with a fine of not over five hundred baht.
Section394.Whoever chases, drives, or causes to enter a garden, farm, or field of another person where soil has been prepared, seeds have been cultivated, or seed stock or produce is present any animal, shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section395.Whoever, being in control of any animal, neglectfully allows the animal to enter a garden, farm, or field of another person where soil has been prepared, seeds have been cultivated, or seed stock or produce is present, shall be punished with a fine of not over five thousand baht.
Section396.Whoever leaves on or by a public way the carcass of an animal which may become putrid, shall be punished with a fine of not over five hundred baht.
Section397.Whoever, in a public place or in the presence of others, bullies or oppresses another person or causes humiliation or nuisance to another person by any means, shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Section398.Whoever commits by any means an act of cruelty against a child who is still not older than thirteen years, sick person, or elderly person who needs to depend upon him for living or for any other purpose, shall be punished with imprisonment of not over one month, or a fine of not over one thousand baht, or both the imprisonment and the fine.
Note: The grounds for promulgation of this Act are as follows: The Penal Code of 127 RE has long been promulgated and has undergone scattering amendments in many parts. In consequence, it is appropriate for them to be reviewed and revised and brought into the form of a single criminal code.
In addition, it appears that certain principles and certain methods on the infliction of punishments should be adjusted to suit the time and the approval of all countries, since some of the old principles are now obsolete and should be improved in keeping with the principles of democratic government.
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
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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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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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