Translation:Order of the National Administrative Reform Council No. 1 dated October 6, 1976

by the Government of Thailand

Order of the National Administrative Reform Council

No. 1^[1]

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Whereas it needs to preserve the public peace and order throughout the Kingdom from all harms and threats; Now, therefore, the National Administrative Reform Council does hereby impose the Martial Law throughout the Kingdom as from this October 6, 1976, 19:10 hours, and does order as follows:

Clause 1

The military courts shall be competent to address all cases based on the offences under the Criminal Code as listed in the Schedule annexed to this Order and committed at and following 19:10 hours of October 6, 1976, save those required to be tried before the children and juvenile courts.

Clause 2

The Criminal Court and all the provincial courts in the 1st Army Precinct, as well as all the provincial courts in the Lop Buri Army Province, shall form the military courts of Bangkok, whilst all other provincial courts shall constitute the military courts of their respective Army Precincts.

In each of the said military courts, the participation of three judges is required to set up a chamber competent to try and adjudicate all cases and enforce all judgments.

Clause 3

The President of the Criminal Court, the judges of the Criminal Court and the judges of all the provincial courts shall serve as the military judges of the military courts under Clause 2, pursuant to the Statute of the Military Courts.

The cardinal judges shall also become the military judges together with the judges aforementioned. They shall be competent to sit in the courts subject to their respective territorial jurisdiction and acting as the military courts under this Order, and to sign all judgments in any case after having examined the files of such case.

The clerks of the Criminal Court and those of every provincial court shall also be the clerks of their respective military courts.

Clause 4

The public prosecutors shall also become the judge advocates.

Clause 5

The Seat of the Criminal Court and the seats of all the provincial courts shall serve as the seats of the military courts under this Order.

Clause 6

All cases coming to pass prior to the entry into operation of this Order shall be dealt with pursuant to the laws and the Martial Law declarations in force at the time being.

Clause 7

Upon the lifting of the Martial Law, the military courts under this Order shall continue to be competent to address the cases set forth in Clause 1 which are pending before them and in respect of which the offences are committed prior to the lifting.

Done this 6th Day of October, Buddhist Era 2519 (1976).

Admiral Sa-ngat Chaloyu,

Leader of the National Administrative Reform Council.

Schedule

annexed to the Order of the National Administrative Reform Council No. 1

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(1) ⁠ The offences against the King, the Queen, the Heir Apparent and the Regent, as proscribed by sections 107 to 112;

(2) ⁠ The offences against national internal and external security, as proscribed by sections 113 to 129;

(3) ⁠ The offences against foreign relations, as proscribed by sections 130 to 135;

(4) ⁠ The offences against public order those involving the forming of secret societies, criminal associations or crowds for the purpose of exercising forcible violence, threatening to so exercise or causing civil unrest, as proscribed by sections 209 to 216;

(5) ⁠ The offences causing common danger, as proscribed by sections 217 to 239;

(6) ⁠ The offences of sexual self-determination those involving the procurement or inducement of females or female children for indecent purposes or for gratifying the sexual desire of the third persons, as proscribed by sections 282 to 284, and by section 285 only when dealing with sections 282 and 283;

(7) ⁠ The offences against life, as proscribed by sections 288 to 294;

(8) ⁠ The offences against the person, as proscribed by sections 295 to 300;

(9) ⁠ The property offences of theft, snatching, extortion, blackmail, robbery, gang robbery and handling stolen property, as proscribed by sections 334 to 340 bis, 357 and 360 bis.

Footnotes

1. Published in the Government Gazette: volume 93/part 120/special issue/page 6/October 6, 1976.

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