Translation:Military Criminal Code Amendment Act (No 8), 2507 BE

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Military Criminal Code Amendment Act (No 8), 2507 BE (1964)
Constitution Drafting Assembly of Thailand (1959), translated from Thai by Wikisource

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Constitution Drafting Assembly of Thailand (1959)1218124Military Criminal Code Amendment Act (No 8), 2507 BE1964Wikisource

Volume 81Issue 111

678
Royal Gazette

24 November 2507

Military Criminal Code
Amendment Act (No 8),
2507 BE

Bhumibol Adulyadej R
Given on the 17th day of November 2507 BE
Being the 19th year of the present reign

His Majesty King Maha Bhumibol Adulyadej is pleased to give a Great Royal Command that it be announced as follows:

Whereas it is appropriate to amend the Military Criminal Code;

Therefore, by and with the advice and consent of the Constitution Drafting Assembly in its capacity as the National Assembly, He is graciously pleased to enact the following Act:

Section1.This Act is called the Military Criminal Code Amendment Act (No 8), 2507 BE.

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

Section3.The following dispositions shall be inserted in the Military Criminal Code as section 5bis:

“Section5bis.Any person subject to the power of a military court according to the law on charter of military courts who commits an offence under this Code or other law outside the Kingdom must be punished inside the Kingdom.
In the event that his offence does not relate to the security of the Kingdom as provided in sections 107 to 129 of the Criminal Code, if he has already been acquitted by a final judgment of a foreign court or he has been adjudged to a punishment by a foreign court and has already been discharged from the punishment, he shall not be punished again inside the Kingdom for his act. But if he is not yet discharged from the punishment, a court may inflict upon him a lighter punishment than that designated by the law or may refrain from punishing him at all.”

Section4.The disposition of section 7 of the Military Criminal Code, which has been amended by the Military Criminal Code Amendment Act, 2473 Buddhist Era, shall be repealed and replaced by the following disposition:

“Section7.The persons who have the power to exercise command according to the law on military discipline shall have the power to punish soldiers who have committed, whether inside or outside the Kingdom, offences against the military discipline according to the law on military discipline.”

Section5.The disposition of section 8 of the Military Criminal Code, which has been amended by the Military Criminal Code Amendment, 2469 Buddhist Era, shall be repealed and replaced by the following disposition:

“Section8.As regards any of the offences provided in sections 21, 23, 24, 27, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37, 39, 41, 42, 43, 44, 46, and 47 of this Code, if the person who has the power to exercise command according to the law on military discipline considers and finds that it is of low or no significance, it shall be deemed to be an offence against military discipline and he shall have the power to inflict punishment in accordance with section 7. But if the person who has the power to appoint justices according to the law on charter of military courts orders the offender to be sent to and tried before, or such case is conducted before, a civilian court according to the law on charter of military courts, this shall then govern.”

Section6.The disposition of section 9 of the Military Criminal Code shall be repealed and replaced by the following disposition:

“Section9.The disposition provided in section 8 shall also apply to the petty offences and the offences which can be compounded according to the law.”

Section7.The phrase “any army court or naval court” in section 12 of the Military Criminal Code, which has been amended by the Military Criminal Code Amendment Act, 2473 Buddhist Era, shall be edited to be “a military court”.

Section8.The phrase “Army or Navy” in section 14 of the Military Criminal Code, as well as in sections 17, 18, 19, 20, 21, 22, 23, 25, 26, and 47 of the Military Criminal Code which have been amended by the Military Criminal Code Amendment, 2469 Buddhist Era, shall be edited to be “military” everywhere.

Section9.The phrase “army or naval recruit” in section 45 of the Military Criminal Code shall be edited to be “military recruit”.

Countersignature
Field Marshal T Kittikachorn
Prime Minister

Note: The grounds for promulgation of this Act are to make the Code compatible with the Criminal Code and the Act on Military Discipline (No 5), 2505 BE, and to empower the military courts to punish the people subject to their jurisdiction who have committed offences outside the Kingdom.

This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.

Original:

This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:

7. The following shall not be deemed copyright works under this Act:

news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;

the constitution and legislation;

regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;

judicial decisions, orders, decisions and official reports;

translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

For any other work that was created or commissioned by the Thai Government, it is in the public domain if at least 50 years have elapsed since its first publication or it was not published within 50 years of authorship.

Public domainPublic domainfalsefalse

Translation:

I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide.

In case this is not legally possible:

I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.

Public domainPublic domainfalsefalse