Translation:Criminal Code of Thailand/Current

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Translation:Criminal Code of Thailand
Current

by the Government of Thailand, translated from Thai by Wikisource

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Act Promulgating the Criminal Code, BE 2499 (1956)
Criminal Code
Division 1: General Provisions
Title 1: Provisions Applicable to General Offences
Chapter 1: Terminology
1 Terminology
(1) “Dishonestly”
(2) “Public way”
(3) “Public place”
(4) “Dwelling”
(5) “Weapon”
(6) “Forcible attack”
(7) “Document”
(8) “Official document”
(9) “Right document”
(10) “Signature”
(11) “Nighttime”
(12) “Immure”
(13) “Ransom”
(14) “Electronic card”
(15) “Passport”
Chapter 2: Application of Criminal Law
2 No punishment without law
3 Jurisdiction ratione temporis; lex mitior
4 Offences committed on the Thai territory
Division 3: Misdemeanours
367 Failing to give necessary information or giving false information to a public officer
368 Failing to observe a lawful order of a public officer
369 Damaging an official notice
370 Placing the public in fright or trouble by causing noise
371 Going armed in a public place, etc.
372 Disturbing the peace of a public place, etc.
373 Neglecting an insane person in one’s care
374 Failing to help another in a deadly danger
375 Obstructing a public gutter, water channel, etc.
376 Shooting a gun amongst a public gathering
377 Neglecting a fierce or violent animal in one’s care
378 Putting oneself in a state of drunkenness and comporting oneself with troublesomeness in a public place
379 Exhibiting a weapon in the course of a fight
380 Causing public water to be in a loathsome state
381 Maltreating or cruelly killing an animal
382 Imposing an animal with an extortionate or inappropriate work
383 Failing to give assistance required by a public officer for the sake of abating a public danger
384 Circulating false information
385 Blocking a public way
386 Impeding a public way
387 Installing any object in such a manner that it would drop or collapse and injure another in a public way
388 Indecent exposure
389 Causing a solid object to fall and injure another or property of another, etc.
390 Negligently injuring the person or mind of another
391 Nonserious forcible attack
392 Placing another in a state of fear or fright by threat
393 Affront; criminal libel
394 Bringing an animal into another’s agricultural area
395 Carelessly allowing an animal in one’s care to enter another’s agricultural area
396 Leaving in or near a public way the dead body of an animal
397 Treating another with insolence in a public place or in public, etc.
398 Maltreating a child, ill person or senile person



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Seal of the Royal Command of Thailand


Act


Promulgating the Criminal Code,


BE 2499 (1956)


_______________


Bhumibol Adulyadej, Rex.


Given under my Hand this 13th Day of November, BE 2499 (1956);


Being the 11th Year of my Reign.



His Majesty King Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to revise the criminal law, for the national circumstances have considerably changed since the promulgation of the Penal Code in the 2451st Year of Buddhist Era (the Year 1908);

Be it enacted by the King’s most Excellent Majesty, by and with the advice and consent of the House of Representatives, as follows:



§ 1

This Act shall be cited as the “Act Promulgating the Criminal Code, BE 2499 (1956)”.


§ 2

This Act shall come into force as from the day following the date of its publication in the Government Gazette.[1]


§ 3

The Criminal Code annexed to this Act shall come into operation as from January 1, BE 2500 (1957).


§ 4

From and after the coming into operation of the Criminal Code, the Penal Code shall be repealed.


§ 5

From and after the coming into operation of the Criminal Code, when any law determines a penalty in reference to a misdemeanor penalty under the Penal Code, it shall be taken that such reference is made as follows:

If it refers to the first class penalty, it is intended to a fine not exceeding one hundred baht;

Second, a fine not exceeding five hundred baht;

Third, imprisonment for not more than ten days, or a fine not exceeding five hundred baht or both;

Fourth, imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.


§ 6

From and after the coming into operation of the Criminal Code, the Criminal Code shall apply to imprisonment in lieu of fine referred to in any law, irrespective of whatever provisions such law may make. But in respect of the offences committed prior to the coming into operation of the Criminal Code, incarceration in lieu of a single fine shall not take place in excess of one year and that in lieu of several fines may not be enforced for more than two years.


§ 7

The provisions of the Code of Criminal Procedure shall apply to the ancillary measures under section 46 of the Criminal Code as if criminal offences. Nevertheless, the arrestee may not be held in detention longer than forty eight hours from the time he arrives at the office of the administrative or police officer responsible. In this respect, the time of usual journey taken for bringing the arrestee to the court shall be excluded from the said period of forty eight hours.


§ 8

From and after the coming into operation of the Criminal Code, when in any law reference is made to the Penal Code or its provisions, it shall be taken that reference is intended to the Criminal Code or its corresponding provisions, as the case may be.



Countersigned by:
Field Marshall P. Phibunsongkhram,
Prime Minister.



Statement of Grounds

The grounds for promulgation of this Act are as follows: Since the Penal Code, RE 127 (1908) has been in force for so long and the amendments variously made to the Code are now scattered, it is expedient to revise and codify them as a single criminal code.

Moreover, since certain criminal principles and sanctions appear to be archaic and ought to be revised to suit the age and the present international customs, it is proper to improve them in compliance with the principles of a democratic regime of government.



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Criminal Code


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Division 1


General Provisions


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Title 1


Provisions Applicable to General Offences


_______________


Chapter 1


Terminology


_______________



§ 1

In this Code:

(1) “Dishonestly” means in such a manner as to enrich oneself or another by an unlawful means;

(Table of contents)

(2) “Public way” means a land course or watercourse for public transport, and includes a railway or tramway for public transit;

(Table of contents)

(3) “Public place” means any place to which the public is entitled to gain access;

(Table of contents)

(4) “Dwelling” means a place of habitation, such as an inhabited house, building, ship or floating house, and includes the vicinity of such place, whether encircled;

(Table of contents)

(5) “Weapon” includes an object which is not a weapon by nature but is used or intended to be used in causing any grievous bodily harm as if weapon;

(Table of contents)

(6) “Forcible attack” means an assault against the person or mind of a person, whether by physical force or by any other means, and includes any action by which a person places another in the state of being incapable of resistance, whether by intoxicant, hypnotisation or any other similar means;

(Table of contents)

(7) “Document” means a paper or other object on which the meaning is made available through scripts, figures, pictures or other designs, whether by means of printing, photographing or others which bear evidence of such meaning;

(Table of contents)

(8) “Official document” means a document drawn up or certified by a public officer in the capacity of his public office, and includes its copy certified by a public officer in virtue of his public duty;

(Table of contents)

(9) “Right document” means a document bearing evidence of the creation, modification, transfer, reservation or extinguishment of a right;

(Table of contents)

(10) “Signature” includes a fingerprint or other mark affixed by a person in lieu of his signature;

(Table of contents)

(11) “Nighttime” means an interval between sunset and sunrise;

(Table of contents)

(12) “Immure” means hold in custody, restrain, detain, incarcerate or imprison;

(Table of contents)

(13) “Ransom” means property or benefit solicited or given in return for personal freedom of an abducted, restrained or detained person;

(Table of contents)

(14)[2] “Electronic card” means:

(14) (a) A document or any other object which is issued in whatever form by an issuer to an eligible user, whether named, and onto which the data or codes are recorded by applying an electronic means, electric means, electromagnetic means or any other similar means, including a light or magnetic means, in order to make the meaning available through scripts, figures, codes, card numbers or any other symbols, either macroscopic or non-macroscopic;

(14) (b) Any data, code, account number, electronic number set or numeral instrument which are issued by an issuer to an eligible user without any additional document or object and which are used in such a way similar to (a); or

(14) (c) Any other object used in conjunction with the electronic data for the purpose of indicating the relationship between a person and such electronic data and identifying its owner;

(Table of contents)

(15)[3] “Passport” means a personal certificate issued in whatever form by the Thai Government, government of a foreign state or international organisation to any person to be used by him in identifying himself in the course of an international travel, and includes a passport substitute and a passport form in which the information as to the passport holder is not yet filled.

(Table of contents)



Chapter 2


Application of Criminal Law


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§ 2

An act may only be punished if criminal liability had been established and penalty had been determined by the law which is in force at the time of the act. The penalty to be inflicted must be that which had been prescribed by such law.

If, according to the subsequent law, the act does not constitute an offence any further, the person having performed such act shall be relieved of the guilt. If a final judgment of conviction has already been rendered, it shall be taken that the convict has never been held guilty by such judgment. If he is incurring any penalty, his penalty shall come to an end.

(Table of contents)


§ 3

If the law in force at the time of the act differs from the law subsequently coming into force, that which, in any way whatsoever, is of the best benefit to the offender shall apply, save where the case against him has already been final. But, even the case has become final:

(1) If the offender does not yet incur any penalty or is incurring it and the penalty determined by the judgment is more serious than that imposable under the subsequent law, the court, either on its own motion or at the request of the offender himself, his legal representative or custodian or a public prosecutor, shall render a new sentence in accordance with the subsequent law. In rendering the new sentence, if it appears that the offender has partially incurred the penalty, the court, taking into consideration the penalty imposable under the subsequent law and deeming appropriate, may impose a more lenient penalty than the minimum rate prescribed by the subsequent law, if any, or the court, finding that the offender has sufficiently incurred the penalty, may set him at liberty.

(2) Or if a judgment of death has been rendered and the penalty imposable pursuant to the subsequent law is not serious to the extent of death, then the enforcement of the judgment of death shall be stayed and the death penalty imposed shall be deemed to have been changed to the most serious penalty imposable under the said subsequent law.

(Table of contents)


§ 4

Law shall apply to acts performed inside the Kingdom.

An act performed on board a Thai ship or Thai aircraft, irrespective of wherever it is, shall be deemed to be performed inside the Kingdom.

(Table of contents)


§ 5

The act shall be deemed to be performed inside the Kingdom even it is partially performed inside the Kingdom, or if its result occurs inside the Kingdom in conformity with the intent of the offender or if, by nature of the act, its result ought to occur inside the Kingdom or it could be conjectured that such result would occur inside the Kingdom.

As regards an act prescribed by law to be contributable to an offence, the preparation or attempt shall be deemed to be committed inside the Kingdom if the act is committed to the stage of completion, its result would occur inside the Kingdom, even in reality such preparation or attempt is committed outside the Kingdom.

(Table of contents)


§ 6

With respect to an offence committed or deemed by this Code to be committed inside the Kingdom, the act of the principal, aider or abettor shall be deemed to be performed inside the Kingdom also, even in reality such act is performed outside the Kingdom.

(Table of contents)


Criminal Code of Thailand/7


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Criminal Code of Thailand/9-17


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Criminal Code of Thailand/18 ว 1-2 - 19


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Division 3


Misdemeanours


_______________



§ 367

Any person who is required by a public officer to inform his name or address in the interest of the legal enforcement and refuses to so inform or maliciously gives false name or address shall be liable to a fine not exceeding one hundred baht.

(Table of contents)


§ 368

Any person who is informed of an order given by a legally authorised public officer and fails to abide by such order without justifiable grounds or excuse shall be liable to imprisonment for not more than ten days, or a fine not exceeding five hundred baht or both.

If the said order requires the person in question to assist the public officer in the latter’s performance of public duty, and is permitted by law to be issued by such public officer, then imprisonment for not more than one month, or a fine of not exceeding one thousand baht or both shall be imposed.

(Table of contents)


§ 369

Any person who through whatever act defaces, tears or causes to be useless any poster, picture or document posted up or exhibited, or ordered to be posted up or exhibited, by a public officer in the capacity of his public office shall incur a fine not exceeding five hundred baht.

(Table of contents)


§ 370

Any person who without justifiable grounds emits a noise, causes a noise or carried out a noisy activity in such a manner as to expose the public to a fright or trouble shall be liable to a fine not exceeding one hundred baht.

(Table of contents)


§ 371

Any person who goes armed in a town, village or public way openly or without justifiable grounds, or is armed amongst a public gathering for religious purposes, recreatory purposes or any other purposes shall be liable to a fine not exceeding one hundred baht. In this respect, the court shall be empowered to confiscate such weapon.

(Table of contents)


§ 372

Any person who takes part in a brawl in a public way or public place, or through whatever act disturbs the peace of a public way or public place, shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 373

Any person who is in charge of an insane person and carelessly allows such insane person to ramble alone shall be liable to a fine not exceeding five thousand baht.

(Table of contents)


§ 374

Any person who becomes aware that another is in a deadly danger out of which he may bring the latter without having to fear any harm against himself or a third person, and fails to offer any help as necessary, shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 375

Any person who causes to be obstructed or inconvenient a public gutter, water channel or waste drain shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 376

Any person who without justifiable grounds shoots an explosive gun in a town, village or amongst a public gathering shall be liable to imprisonment for not more than ten days, or a fine not exceeding five hundred baht or both.

(Table of contents)


§ 377

Any person who is in charge of a fierce or violent animal and carelessly allows the animal to wander alone in a manner likely to injure another person or property of another person shall be liable to imprisonment for not more than one month, or a fine not more than one thousand baht or both.

(Table of contents)


§ 378

Any person who puts himself in a state of drunkenness by consumption of alcoholic beverage or other intoxicant substance, and comports himself with troublesomeness or senselessness in a public way or public place, shall be liable to a fine not exceeding five thousand baht.

(Table of contents)


§ 379

Any person who raises or exhibits a weapon in the course of a fight shall be liable to imprisonment for not more than ten days, or a fine not more than five hundred baht or both.

(Table of contents)


§ 380

Any person who causes to be in a loathsome state a pool, pond or basin for public utilisation shall be liable to imprisonment for not more than one month, or a fine of not more than one thousand baht or both.

(Table of contents)


§ 381

Any person who maltreats an animal or, without necessity, kills an animal by subjecting it to a painful state shall be liable to imprisonment for not more than one month, or a fine not more than one thousand baht or both.

(Table of contents)


§ 382

Any person who imposes an ill, senile or immature animal with an extortionate or inappropriate work shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 383

Any person who, in the time of a fire hazard or other public danger, is required by a public officer to offer assistance of which he is capable but fails to so offer shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 384

Any person who maliciously circulates false information, by which act the public is put in a state of panic, shall be imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 385

Any person who, without lawful authorisation and without necessity, obstructs a public way by placing or leaving any object on it or by any other act to such an extent that the traffic safety or convenience is likely to be disturbed shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 386

Any person who unearths or channels a public way, or constructs, sticks or places a confused multitude of things in a public way without lawful authorisation, or who so does with lawful authorisation but fails to make any reasonable sign for the sake of prevention against any possible accident, shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 387

Any person who hangs, installs or places any object in such a manner that the object is likely to drop or collapse and endanger, dirty or disturb another who travels on a public way shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 388

Any person who performs such a disgraceful act in public by undressing himself, exhibiting his undressed person or committing any other act of obscenity shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 389

Any person who through whatever act causes a solid object to drop on any place in such a manner likely to endanger or disturb another or to injure property of another, or through whatever act dirties or is likely to dirty another or property of another, or maliciously causes another to be disturbed by dirt, shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 390

Any person who negligently injures the person or mind of another shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 391

Any person who commits a forcible attack against another shall, if the attack is not serious to the extent causing the victim to sustain any bodily or mental harm, be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 392

Any person who, by threat, places another in a state of fear or fright shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 393[4]

Any person who insults another in the latter’s presence or through publicity shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 394

Any person who chases, drives or brings any animal into a garden, farm or field of another which has been prepared for planting, which has been planted or which yields seedlings or fruits shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 395

Any person who is in charge of any animal and carelessly allows such animal to enter a garden, farm or field of another which has been prepared for planting, which has been planted or which yields seedlings or fruits shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 396

Any person who leaves in or near a public way the dead body of an animal which may decay and produce unpleasant smell shall be liable to a fine not exceeding five hundred baht.

(Table of contents)


§ 397

Any person who, in a public place or in public and through whatever act, treats another with insolence or in an offensive way or causes another to undergo disgrace, trouble or annoyance shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)


§ 398[5]

Any person who through whatever act maltreats a child not yet over fifteen years, ill person or senile person the livelihood or other necessity of whom relies on him shall be liable to imprisonment for not more than one month, or a fine not exceeding one thousand baht or both.

(Table of contents)




Footnotes[edit]

  1. Published in the Government Gazette: volume 73/part 95/special issue/page 1/November 15, 1956.
  2. § 1 (14) was inserted by the Act Amending the Criminal Code (No. 17), BE 2547 (2004).
  3. § 1 (15) was inserted by the Act Amending the Criminal Code (No. 18), BE 2550 (2007).
  4. § 393 was amended by the Order of the National Administrative Reform Council No. 41 dated October 21, 2519 (1976).
  5. § 398 was amended by the Act Amending the Criminal Code (No. 8), BE 2530 (1987).