Translation:Penal Code Amendment Act, 2477 Buddhist Era (No 4)

by 1st House of Representatives of Siam

Table of contents

Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to section 270: abduction for ransom
4. Amendment to section 272: abduction for ransom
5. Insertion of section 225bis: abduction for ransom
6. Insertion of section 225ter: abduction for ransom
7. Amendment to section 301: gang robbery

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Seal of the Royal Command

Penal Code Amendment
Act, 2477 Buddhist Era
(No 4)

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In the name of King Ananda Mahidol
The Council of Regency
(According to the Announcement of
the President of the House of Representatives
dated 7 March 2477 Buddhist Era)

Anuwat Chaturon
Aditya Dibabha
Chaophraya Yommarat

Enacted on the 9th day of April 2478 Buddhist Era
Being the 2nd year of the present reign

Whereas the House of Representatives has passed a resolution that it is appropriate to amend the provisions of certain sections of the Penal Code;

Therefore, by and with the advice and consent of the House of Representatives, a Great Royal Command is given that the following Act be enacted:

Section1.This Act shall be called the Penal Code Amendment Act, 2477 Buddhist Era (No 4).

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

Section3.The following two paragraphs of text shall additionally be inserted at the end of section 270 of the Penal Code:

“Whoever dares restrain or confine or dares carry away any person for ransom, whether by use of force, by threat so as to create fear, or by a deceitful trick of any kind, shall, Lord says, be culpable and be punished with imprisonment from fifteen years up to twenty years and a fine from a thousand baht up to five thousand baht.

The ransom refers to the property or benefit demanded or given in exchange for the return of the person abducted.”

Section4.The following two paragraphs of text shall additionally be inserted at the end of section 272 of the Penal Code:

“In the event that a person is abducted for ransom, if the person is caused to suffer serious injury, insanity, or forcible intercourse, Lord says that the offender shall be punished with imprisonment for twenty years or imprisonment for life.

In the same event, if the injury is caused by subjecting the person to torture or cruelty which places him under serious affliction, or if death is caused to such person, Lord ordains that the offender be imprisoned for the rest of his life or be put to death.”

Section5.The following text shall be inserted in the Penal Code as section 272bis:

“Whoever assists in the commission of an offence of abduction for ransom in such a manner as mentioned in section 65, whether before, during, or after the commission thereof, or obstructs the operations of an officer to seek out or arrest the offender, or acts as an intermediary offering a condition that the offender share the ransom with him as a reward, which is undue to him, or that the ransom giver furnish him with a reward, which is undue to him, shall, Lord says, be culpable as a co-principal.”

Section6.The following text shall be inserted in the Penal Code as section 272ter:

“In the event that a person is abducted for ransom, if the offender causes the person restrained, confined, or carried away to be returned without having suffered serious injury, insanity, or life-threatening starvation, Lord ordains that the penalty be decreased by one third in his favour, provided that the return take place before the court adjudges the case.”

Section7.The dispositions of section 301 of the Penal Code shall be repealed and replaced by the following dispositions:

“Section301.If three or more persons jointly commit robbery and at least any one of them carries a weapon, Lord says that they shall be culpable for an offence of gang robbery and be punished with imprisonment from ten years up to fifteen years.

If, in committing such robbery, they cause serious injury to the victim, Lord says that they, the gang robbers, shall be punished with imprisonment from fifteen years up to twenty years or imprisonment for life.

If, in committing such robbery, they cause injury to the victim by shooting him with a firearm, or assaulting him with an explosive, or subjecting him to torture or cruelty which places him under serious affliction, Lord says that they, the gang robbers, shall be punished with imprisonment for twenty years or imprisonment for life.

And if, in committing such robbery, they cause death to the victim, Lord says that they, the gang robbers, shall be punished with imprisonment for life or with death. However, it is not Lord’s intention to nullify with the disposition of this paragraph the penalty provided for an offence of homicide under any of the serious circumstances stated in section 250.”

Countersignature

(According to a resolution of the Council of Ministers)
Phraya Nitisatphaisan
Minister