Translation:Penal Code of Thailand
Contents
Penal 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 functions | 147–166 | |||
| Title 3 | Offences relating to justice | ||||
| Chapter 1 | Offences against judicial officers | 167–199 | |||
| Chapter 2 | Offences against judicial functions | 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 the body | 295–300 | |||
| Chapter 3 | Offences of abortion | 301–305 | |||
| Chapter 4 | Offences of abandonment of children, ailing persons, or senile 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;[1]
(2)"public way" means a land or water course for use by the public in transportation, and shall also include a trainway or tramway where a wheeled vehicle[2] runs for the travel of the public;
(3)"public place" means any place which the public is entitled to enter;
(4)"dwelling" means a place used as a residence, such as a house,[3] hall,[4] vessel, or floating house[5] where a human resides, and shall include the surroundings of such a residential place, whether or not enclosed by a fence;
(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"[6] means violence inflicted upon the body or mind of a person, whether by the use of a physical force or by any other way, and shall include any act which causes any person to be in a state of irresistibility, whether by the use of an intoxicating drug,[7] by hypnosis, or by any other similar way;
(7)"document" means a paper or any other object on which a meaning is expressed through letters, numbers, 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 shall be punished criminally only upon having committed an act which the law in force at the time of the commission prescribes to be an offence and designates a punishment for, and the punishment to be imposed upon such offender must be the punishment prescribed in the law.
If, according to a provision of a subsequently prescribed law, such act is no longer an offence, the person having committed the act shall be discharged from the status of an offender,[8] 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 undergoing the punishment, the imposition of such punishment shall come to an end.
Section3.If the law in force at the time of the commission of the offence differs from the law in force after the commission of the offence, the law which is [more] favourable to the offender in any manner 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 subsequently prescribed law, the court shall, when it becomes known to the court from 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 subsequently prescribed law; if it appears that the offender has somewhat been punished and the court, in designating the punishment anew, takes into account the punishment under the subsequently prescribed law and finds it appropriate, the court may designate a lighter punishment than the minimum punishment designated by the subsequently prescribed 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 subsequently prescribed law, the punishment to be imposed upon the offender is not as serious as death, the imposition of death upon 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 subsequently prescribed law.
Section4.Whoever commits an offence in the Kingdom shall 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 in the Kingdom.
Section5.Any offence which has, even partially, been committed in the Kingdom, or the outcome of which occurs in the Kingdom whilst the offender desires for such an outcome to occur in the Kingdom, or such outcome of which should have occurred in the Kingdom or could be foreseen to occur in the Kingdom due to the characteristics of the commission, shall be deemed to have been committed in the Kingdom.
As for[9] the preparation or attempt of any act which the law prescribes to be an offence, although the act is committed outside the Kingdom, the preparation or attempt shall be deemed to be committed in the Kingdom if the outcome of the act would occur in the Kingdom had the act been committed to the point of completion.
Section6.When any offence has been committed in the Kingdom or is deemed by this Code to have been committed in 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 in the Kingdom.
Section7.Whoever commits outside the Kingdom [any of] the offences hereafter specified shall be punished in the Kingdom, namely—
(1)offences relating to security of the Kingdom, as prescribed in section 107 through section 129;
(2)offences relating to forgery and alteration, as prescribed in section 240 through section 249, section 254, section 256, section 257, and section 266(3) and (4);
(3)offence of robbery, as prescribed in section 339, and offence of gang robbery, as prescribed in section 340, when committed on the high seas.
Section8.Whoever committed an offence outside the Kingdom, and—
(a)is a Thai person, and is requested by the government of the country where the offence occurred or the injured party to be punished; or
(b)is an alien, and is requested by the injured party, which is the Thai Government or a Thai person, to be punished;
shall be punished in the Kingdom, if his offence is [one of] the offences hereafter specified, namely—
(1)offences relating to the causing of public danger, as prescribed in section 217, section 218, section 221 through section 223, save the cases relating to section 220, paragraph 1, and section 224; section 226, section 228 through section 232, section 237, and section 233 through section 236, only for the cases punishable under section 238;
(2)offences relating to documents, as prescribed in section 264, section 265, section 266(1) and (2), section 268, save the cases relating to section 267 and section 269;
(3)offences relating sexuality, as prescribed in section 276, section 280, and section 285, only when relating to section 276;
(4)offences against life, as prescribed in section 288 through section 290;
(5)offences against the body, as prescribed in section 295 through section 298;
(6)offences of abandonment of children, ailing persons, or senile persons, as prescribed in section 306 through section 308;
(7)offences against liberty, as prescribed in section 309, section 310, section 312 through section 315, and section 317 through section 320;
(8)offences of theft and snatching, as prescribed in section 334 through section 336;
(9)offences of extortion, blackmail, robbery, and gang robbery, as prescribed in section 337 through section 340
(10)offences of defrauding, as prescribed in section 341 through section 344, section 346, and section 347;
(11)offences of embezzlement, as prescribed in section 352 through section 354;
(12)offence of receiving stolen goods, as prescribed in section 357;
(13)offences of mischief, as prescribed in section 358 through section 360.
Section9.An officer of the Thai Government who commits outside the Kingdom [any of] the offences prescribed in section 147 through section 166 and section 200 through section 205 shall be punished in the Kingdom.
Section10.Whoever committed outside the Kingdom an act constituting [any of] the offences specified in section 7(2) and (3), section 8, and section 9, shall not once again be punished in 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 prescribed by the law for his offence or may abstain from punishing him at all, taking into account the punishment he has already undergone.
Section11.Whoever committed an offence in the Kingdom or is deemed by this Code to have committed an offence in the Kingdom may, if he has already been punished for his act according to a judgment of a foreign court, either in whole or in part, be imposed by [a Thai] court with a punishment lighter in any degree than that designated by the law for his offence or with no punishment at all, taking into account the punishment he has undergone.
In the event that the person who committed an offence in the Kingdom or is deemed by this Code to have committed an offence in the Kingdom has been charged before a foreign court at the request of the Thai Government, that person shall not once again be punished in 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 issues the judgment.
Section13.If any safety measure has been repealed by virtue of a provision of a subsequently prescribed law and such safety measure is being applied to any person, the court shall order termination of the application of the safety measure when it becomes known to the court from 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 subsequently prescribed 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 subsequently prescribed law is more favourable to him, when it becomes known 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 enjoy the outcome of that legal provision, as the case may be, the court shall have the power to issue such an order as it finds appropriate.
Section15.If any punishment has transformed into a safety measure by virtue of a provision of a subsequently prescribed 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 as said in paragraph 1, if the punishment has not yet been imposed upon that person or the person is being punished therewith, the safety measure shall thenceforth be applied to him, and if, according to a provision of a subsequently prescribed 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 subsequently prescribed law is more favourable to him, when it becomes known 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 enjoy the outcome of that legal provision, as the case may be, the court shall have the power to issue such an order as it finds appropriate.
Section16.When a court has adjudged any person to a safety measure, if it later becomes known to the court from a motion 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 prescribe otherwise.
Section18.The punishments imposable upon offenders are as follows:
(1)death
(2)imprisonment;
(3)confinement;[10]
(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 punished with both imprisonment and fine, if the court finds it appropriate, it may impose only the imprisonment.
Section21.In calculating a period of time for 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 of time 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 issued. But if the adjudged person has been detained before the court issues the judgment, the days of such detention shall be deducted from the period of time for 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.Whoever committed an offence carrying imprisonment and, in the case thereof, will be imposed by the court with imprisonment of not over three months, may, if he does not appear to have been imprisoned before or he appears to have been imprisoned before but the punishment was for a negligent offence or petty offence, be adjudged by the court to confinement of not over three months instead of such imprisonment.
Section24.Whoever has been sentenced to confinement shall be held in a designated 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 applied, in order to suit the type or nature of the confined person.
Section25.A person sentenced to confinement in a designated place will receive maintenance from such place. However, subject to the regulations of the 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 the rules, regulations, 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 rules, regulations, 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 said 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, it becomes known to the court proprio motu 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 rule, regulation, 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 counted from the day the court issued the judgment must incur the seizure of property to cover the fine or else must incur confinement instead of the fine. But if the court entertains a reasonable suspicion that he would avoid paying the fine, the court may order provision of security or order him to incur confinement instead of the fine for the time being.
The stipulations 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 term of one year, save where the court issues a judgment imposing a fine of ten thousand baht or more, in which case the court may order confinement instead of the fine for a period of time longer than one year but not than two years.
In calculating the period of time, 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 has been detained before the court issued 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 case 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 incurred 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 of which the creation or possession is prescribed 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 prescribed 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 stipulations of section 143, section 144, section 149, section 150, section 167, section 201, or section 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 vest in the State, but the court may adjudge that the property to be made unusable or that the property to be destroyed.
Section36.In the event that a court has already ordered confiscation of [any] property according to section 33 or section 34, if it later appears from a motion 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 motion of the true owner must be made to the court within one year reckoned 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 make up 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 fails to send it, or he is able to pay the price of the property but 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, but if it later becomes known to the court proprio motu or from a motion 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;[11]
(2)prohibition of entry into designated areas;
(3)demanding of secured bond;
(4)custody in hospital;
(5)prohibition of conduct of certain occupations.
Section40.Incarceration is the controlling of a habitual offender within a designated area for prevention of the commission of offences, for correction of habit, and for occupational training.
Section41.Whoever has, twice or more, been adjudged by a court to incarceration or adjudged by a court to imprisonment of not less than six month for [any of] the following offences, namely—
(1)offences relating to public tranquillity, as prescribed in section 209 through section 216;
(2)offences relating to the causing of public danger, as prescribed in section 217 through section 224;
(3)offences relating to currency, as prescribed in section 240 through section 246;
(4)offences relating to sexuality, as prescribed in section 276 through section 286;
(5)offences against life, as prescribed in section 288 through section 290 [and in] section 292 through section 294;
(6)offences against the body, as prescribed in section 295 through section 299;
(7)offences against liberty, as prescribed in section 309 through section 320;
(8)offences relating to things, as prescribed in section 334 through section 340 [and in] section 354 through section 357;
and, during a period of ten years counted from the day of his discharge from the incarceration or from the punishment, as the case may be, 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, may be deemed by the court to be a habitual offender and adjudged to incarceration for a term of not less than three years and not more than ten years.
Offences committed by offenders whilst aged not over seventeen years still shall not be deemed to be offences which may be taken into consideration for application of incarceration in accordance with this section.
Section42.In calculating a period of time for incarceration, the day on which the court issues 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 time for 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 areas as designated, whether or not there be an application therefor.
Section46.If it becomes known to a court from a proposal of a public prosecutor that any person would cause an unfavourable incident by which danger would be brought about to a person or property of another person, or in trying any offence, if a court abstains from punishing the charged person but entertains a reasonable cause to believe that the charged person is likely to cause an unfavourable incident by which danger would be brought about to a person or property of another person, the court shall have the power to order him to post a bond in which an amount of money not more than five thousand baht is designated, with him promising that, throughout the time designated by the court but not over two years, he will not cause the unfavourable incident as said, and [the court] may order the provision of security also.
If he refuses to post the bond or fails to provide security, the court shall have the power to order his confinement until the bond is posted or the security is provided successfully, but the confinement shall not be longer than six months, or [the court] may order prohibiting him from entering the areas as designated under section 45.
The acts of a child aged not over seventeen years still shall not be subject to the provisions of this section.
Section47.If the person posting the bond according to the stipulations of section 46 breaches the bond, the court shall have the power to order him to pay an amount of money not over that designated in the bond. If he fails to make the payment, the provisions of section 29 and section 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 for whom punishment has been decreased in accordance with section 65, would expose the public to unsafety, the court may order that he be committed to custody in 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 abstain from consuming either or both of such liquor and harmful narcotic during a period of time not over two years counted 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 such person as said in paragraph 1 fails to comply with that which has been designated by the court, the court may order him to be committed to custody in 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 an 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 term of not over five years counted from the day of his discharge from the punishment.
Section51.In increasing a punishment, it shall not be increased up to death, life imprisonment, or imprisonment of more than twenty years.
Section52.In decreasing a 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 life imprisonment or imprisonment from sixteen years to twenty years;
(2)if it is to be decreased by one half, it shall be decreased to life imprisonment or imprisonment from twelve years to twenty years.
Section53.In decreasing a punishment of life imprisonment, 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 is to 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 abstain 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.Whoever committed an offence carrying imprisonment and, in the case thereof, will be imposed by the court with imprisonment of not over two years, may, if he does not appear to have been imprisoned before or he appears to have been imprisoned before but the punishment was for a negligent offence or petty offence and the court finds it appropriate after taking into consideration 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, be adjudged guilty by the court and enjoy suspension of the designation of the punishment or incur designation of the punishment but enjoy suspension of the imposition of the punishment and be released, in order that he be given an opportunity to reform himself within a period of time to be designated by the court but not over five years counted from the day the court issues 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 himself to an officer as 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 stipulations of the previous paragraph, if it later becomes known to the court 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 as said in the previous paragraph and not yet designated by the court.
Section57.When it becomes known to the court proprio motu 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, during the period of time designated by a court in accordance with section 56, the person against whom a court has issued a judgment has committed an offence other than a negligent offence or petty offence and will be adjudged by a court to imprisonment for such an 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 the offence as said in paragraph 1 during the period of time designated by the court in accordance with section 56, he shall be discharged from 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 shall be criminally liable only upon having acted intentionally, save where he has acted negligently in the event that the law requires him to be liable upon having acted negligently or save where the law expressly requires him to be liable even for having acted unintentionally.
To act intentionally is to 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.[12]
If the offender has no knowledge of the fact which is an element of the offence, it shall not be deemed that the offender desires the outcome or is able to foresee the outcome of his act.
To act negligently 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.[13]
To act shall also include to bring about any outcome by abstaining 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 prescribes 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 stipulations of paragraph 3 of section 59 or the mistaken belief about the actual existence of a fact according to the stipulations of paragraph 1 occurs through negligence of the offender, the offender shall be liable on grounds of negligence in the event that the law specifically prescribes that a person who commits such an act shall be punished even when committing it negligently.
A person shall be punished more heavily by virtue of any fact only when he is required to have known such fact.
Section63.If an outcome of any offence results in the offender being punished more heavily, 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 prescribes 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 prescribed 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, shall not be punished for such offence.
But if the offender was somewhat able to discern right from wrong or somewhat able to direct himself, he shall be punished for the offence, but the court may punish him more lightly in any degree than that prescribed 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 case 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 prescribed 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;
shall not be punished if his act is not immoderate.[14]
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.[15]
Section69.In [either of] the events as prescribed in section 67 and section 68, if the offender committed the act immoderately, 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 abstain from punishing him at all.
Section70.Whoever complies with an order of an officer shall, although the order is unlawful, not 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 the order is unlawful.
Section71.If [any of] the offences as prescribed in section 334 through section 336, paragraph 1, and section 341 through section 364, is committed by a husband against the wife or a wife against the husband, the offender shall not be punished.
If [any of] the offences so specified 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 although no law prescribes it to be compoundable, and, moreover, the court may impose a punishment lighter in any degree than that prescribed by the law for such offence.
Section72.Whoever, being consumed by hot blood 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 the court more lightly in any degree than that prescribed by the law for such offence.
Section73.A child aged still not over seven years who commits an act which the law prescribes to be an offence shall not be punished
Section74.A child aged above seven years but still not over fourteen years who commits an act which the law prescribes to be an offence shall not be punished, but the court shall have the power to proceed with him in the following manners:
(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 issue 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 the 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 such an ordinance as said above, 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 prescribed for the father, mother, or guardian as said above; if the person with whom the child resides accepts such ordinance, the court shall issue an order entrusting the child to such person and laying down the said 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 prescribed in section 56; in such event, the court shall appoint a probation official or any other official 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 such ordinance as said in (2), the court may issue 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 period of time 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, or place of training and instruction, or place set up for training and instructing children, throughout a period of time designated by the court but not longer than the time the child completes the eighteenth year of age.
As for the court orders as said in (2), (3), (4), and (5), if, at any moment during the period of time designated by the court, it becomes known to the court proprio motu or from a motion 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 change or modify the orders or issue new orders by virtue of the power under this section.
Section75.Whoever aged above fourteen years but still not over seventeen years commits an act which the law prescribes to be an offence may be dealt with in accordance with section 74, if the court finds it inappropriate to adjudge him to punishment after considering his sense of right and wrong and all other things relating to him in order to rule as to whether he should be adjudged to punishment, or may have the scale of punishment designated for his offence deceased by one half, if the court finds it appropriate to adjudge him to punishment.
Section76.Whoever aged above seventeen years or but still not over twenty years commits an act which the law prescribes to be an offence may have the scale of punishment designated for his offence decreased by one third or one half, if the court finds it appropriate.
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 stipulations of section 74(2), if the child causes the unfavourable incident during the period of time according to the ordinance, the court shall have the power to direct the father, mother, guardian, or person with whom the child resides to make within the time the court finds appropriate a payment not over the amount mentioned in the ordinance. If the father, mother, guardian, or person with whom the child resides fails to may the payment, the court may order seizure of the property of the father, mother, guardian, or person with whom the child resides, to cover 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 stipulations of the last paragraph of section 74, the ordinance shall remain applicable until elapse 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 a mitigating circumstance is the stupidity or unintelligence[16] of the offender, his previous good contributions,[17] his remorse and attempt to mitigate the unfavourable outcome of the offence, his admission of guilt[18] before an officer, or his provision to the court of the knowledge beneficial to the trial, or a different 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, 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 prescribes to be an offence but which can never be achieved for a certainty because of the means[19] used in the commission or of 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 as said in paragraph 1 is committed out of a blind belief, the court may abstain from imposing the punishment.
Section82.Whoever has attempted to commit an offence shall not be punished for such attempt if he held himself back from carrying it through or reformed his mind and effected remedies to prevent it from achieving the outcome. However, if the act committed falls within a legal provision which prescribes it to be an offence, he shall be punished for such offence.
Section83.In the event that any offence occurs through an action of two or more persons, those who join each other in committing 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 employment, forcing, threatening, hiring, asking, or encouragement, 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?][20] 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 stipulations 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 commission 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 also be criminally liable to such a higher punishment. 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, of which the commission has been encouraged by a publication or announcement made to the general public, or of which the commission 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 prescribed in section 84, paragraph 2, or section 85, paragraph 1, as the case may be, whilst the aider shall not 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 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 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 life imprisonment.
Section92.Whoever has been sentenced by a final judgment to imprisonment and commits any offence against whilst still being required to undergo the punishment or during the period of five years counted 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 counted 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 prescribed in section 107 through section 135;
(2)offences against officers, as prescribed in section 136 through section 146;
(3)offences against public functions, as prescribed in section 147 through section 166;
(4)offences against judicial officers, as prescribed in section 167 through section 192 and section 194;
(5)offences against judicial functions, as prescribed in section 200 through section 204;
(6)offences relating to public tranquillity, as prescribed in section 209 through section 216;
(7)offences relating to the causing of public danger, as prescribed in section 217 through section 224, section 226 through section 234, and section 236 through section 238;
(8)offences relating to currency, as prescribed in section 240 through section 249, offences relating to seals, stamps, and tickets, as prescribed in section 250 through section 261, and offences relating to documents, as prescribed in section 264 through section 269;
(9)offences relating to trade, as prescribed in section 270 through section 275;
(10)offences relating to sexuality, as prescribed in section 276 through section 285;
(11)offences against life, as prescribed in section 288 through section 290 and section 294, offences against the body, as prescribed in section 295 through section 299, offences of abortion, as prescribed in section 301 through section 303, and offences of abandonment of children, ailing persons, or senile persons, as prescribed in section 306 through section 308;
(12)offences against liberty, as prescribed in section 309, section 310, and section 312 through section 320;
(13)offences relating to things, as prescribed in section 334 through section 365.
Section94.Negligent offences, petty offences, and offences committed by offenders whilst aged not over seventeen years still, 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 stipulations of this chapter.
Section95.In a criminal case, if the offender is not charged and taken before the court within the following term counted from the day the offence was committed, limitation runs out:
(1)twenty years, for an offence punishable with death, life imprisonment, 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 said term counted 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, if, in case of a compoundable offence, the injured party does not complain within three months counted 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 term of six months counted from the day the case was filed, or else limitation runs out.
Section98.When a final judgment punishing any person has been issued 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 term counted from the day of issuance of the final judgment or counted from the day of his escape, the punishment becomes overdue and can no longer be imposed upon him:
(1)twenty years, for death, life imprisonment, 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 cover a fine or the confinement imposed instead of a fine, if it is not done within a term of five years counted from the day of issuance of the final judgment, it can no longer be done.
The stipulations of paragraph 1 shall not apply in the event that the confinement imposed instead of a fine is done in continuation to imprisonment.
Section100.When a final judgment incarcerating any person has been issued and the person has not yet been incarcerated or has been incarcerated but not yet to the full when he escapes, if a term of three years has elapsed, counted from the day of his discharge due to having been punished in accordance with the judgment already or due to the punishment having become overdue or counted from the day of his escape during the time of his incarceration, the incarceration becomes overdue and can no longer be applied to him.
Section101.As for the execution of the court order under the stipulations 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 stipulations of section 47, if the execution or request is not made within a term of two years counted from the day the court issued the order or counted 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 not over one month, or a fine not over one thousand baht, or both such imprisonment and fine.
Section103.The provisions of Title 1, save those prescribed 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 prescribes otherwise.
Section105.Whoever attempts to commit a petty offence shall not be punished.
Section106.An aider in a petty offence shall not be punished.
Section107.Whoever takes the life of the King[21] shall be punished with death.
Whoever attempts to do so shall be punished with the same.
Whoever commits any act in preparation for killing the King or, knowing that anyone is to kill the King, commits any act to help conceal it, shall be punished with life imprisonment.
Section108.Whoever inflicts violence upon the person or liberty of the King shall be punished with death or life imprisonment.
Whoever attempts to do so shall be punished with the same.
If such act bears a characteristic which is likely to harm the royal life, the offender shall be punished with death.
Whoever commits any act in 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 commits any act in 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 is 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 life imprisonment 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 royal life or life,[22] the offender shall be punished with death or life imprisonment.
Whoever commits any act in 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 is 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 of] the offences under section 107 through section 110 shall be punished in the same manner as the principal in such offence.
Section112.Whoever defames, insults, or expresses ill will[23] towards the King, Queen, Heir to the Throne, or Regent, shall be punished with imprisonment not over seven years.
Section113.Whoever exercises forcible violence or threatens to exercise forcible violence in order—
(1)to overthrow or change the Constitution;
(2)to overthrow the legislative power, executive power, or judicial power of the Constitution, or to render such power unexercisable; or
(3)to divide the Kingdom or seize the administrative power over any part of the Kingdom;
commits an offence of insurrection and shall be punished with death or life imprisonment.
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, commits any act 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 an official duty, to neglect the execution of a duty, or to commit mutiny, shall be punished with imprisonment 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 not over ten years.
Section116.Whoever makes available to the public through speech, writing, or any other way [anything] which is not done within the purposes of the Constitution or is not an expression of an honest opinion or comment—
(1)in order to cause a change in the law of the State or [in] the Government through forcible coercion or forcible violence;
(2)in order to cause turbulence or disobedience amongst the public to the degree likely to bring about unrest within the Kingdom; or
(3)in order to cause the public to violate the law of the State;
shall be punished with imprisonment 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 in order to cause a change in the law of the State, to force the Government, or to intimidate the public, shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine.
Whoever learns the said 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 not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Whoever learns the said 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 not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section118.Whoever commits any act against a flag or any other symbol that signifies the State, in order to desecrate the Nation, shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section119.Whoever commits any act to bring the Kingdom or any part of the Kingdom under the sovereign power of a foreign state or to impair the independence of the State, shall be punished with death or life imprisonment.
Section120.Whoever, desiring to bring about a combat 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 life imprisonment or imprisonment from ten years to twenty years.
Section121.Any Thai who combats the Country or joins an enemy of the Country shall be punished with death or life imprisonment.
Section122.Whoever commits any act to support a combating operation or preparation therefor of an enemy shall be punished with imprisonment from five years to fifteen years.
If such support is an act of—
(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 official service, or infringe discipline;
(3)espionage; leading or guiding the way for an enemy; or
(4)otherwise allowing an enemy to gain the upper hand in combat;
the offender shall be punished with death or life imprisonment.
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 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 not over ten years.
If such offence is committed whilst the Country is in a state of combat or war, the offender shall be punished with imprisonment from five years to fifteen years.
If [either of] the offences as said in the two previous paragraphs is committed to benefit a foreign state, the offender shall be punished with death or life imprisonment.
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 not over ten years.
Section126.Whoever is entrusted by the Government with executing an affair of the State with a foreign government and dishonestly fails to perform the act as entrusted, 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 not over ten years.
If the unfavourable incident occurs, the offender shall be punished with death, or life imprisonment, 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 prescribed 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 bodily to or inflicts violence upon the liberty of the king, queen, prince consort, heir to the throne, or head 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 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 section 131 shall be punished with death or life imprisonment.
Section133.Whoever defames, insults, or expresses ill will towards the king, queen, prince consort, heir to the throne, or head of a foreign state, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section134.Whoever defames, insults, or expresses ill will towards a representative of a foreign state accredited to the royal court shall be punished with imprisonment not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine.
Section135.Whoever commits any act against a flag or any other symbol that signifies a foreign state which has friendly relations [with Thailand], in order to desecrate such state, shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section136.Whoever insults an officer who is executing a duty or because he has executed a duty shall be punished with imprisonment not over six months, or a fine 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 not over six months, or a fine 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 not over six months, or a fine 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 not over two years, or a fine 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 not over four years, or a fine 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 offender shall be punished with imprisonment not over five years, or a fine 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 not over two years, or a fine 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 not over three years, or a fine 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 legislative assembly of the State, member of a provincial assembly, or member of a municipal assembly to do or abstain from doing a duty in favour or disfavour of any person, shall be punished with imprisonment not over five years, or a fine 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 legislative assembly of the State, member of a provincial assembly, or member of a municipal assembly in order to induce him to do, abstain from doing, or delay an act in a manner breaching a duty, shall be punished with imprisonment not over five years, or a fine 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 not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Any officer who, having been ordered to stop further performing a function, contravenes [the order by] still doing any act under such function, 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 legislative assembly of the State, member of a provincial assembly, or member of a municipal assembly, 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 not over one year, or a fine 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 not over ten years and a fine not over twenty thousand baht.
Section148.Whoever, being an officer, wrongfully exercises a power in office, commits coercion, or exercises inducement in order to make any person give or fetch him or another person property or any other benefit, shall be punished with imprisonment not over ten years and a fine not over twenty thousand baht.
Section149.Whoever, being an officer, member of a legislative assembly of the State, member of a provincial assembly, or member of a municipal assembly, wrongfully demands, receives, or agrees to receive property or any other benefit for himself or another person for doing or abstaining from doing any act in office, regardless of whether or not such act is in line with a duty, shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
Section150.Whoever, being an officer, does or abstains from doing any act in office in consideration of the property or any other benefit which he has demanded, received, or agreed to receive prior to his appointment as an officer in such office, shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
Section151.Whoever, being an officer having the duty to buy, create, manage, or preserve any thing, exercises a power in office dishonestly, thereby causing injury to the State, a municipality, a sanitary administration, or the owner of such thing, shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
Section152.Whoever, being an officer having the duty to manage or take care of any affair, concerns himself with such affair for his own or another person's benefit, shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section153.Whoever, being an officer having the duty to distribute things, distributes, for his own or another person's benefit, those things in excess of those which should be distributed, shall be punished with imprisonment not over seven years and a fine 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 abstains 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 not over ten years and a fine 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 not over ten years and a fine 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 abstains 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 not over ten years and a fine not over twenty thousand baht.
Section157.Whoever, being an officer, wrongfully performs or omits to perform a duty in order to cause injury to any particular person or dishonestly performs or omits to perform a duty, shall be punished with imprisonment not over four years, or a fine 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 not over seven years and a fine 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 not over five years, or a fine 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 not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section161.Whoever, being an officer having the duty to create a document, fill information in a document, or maintain a document, forges a document by taking advantage of such duty he has, shall be punished with imprisonment not over ten years and a fine not over twenty thousand baht.
Section162.Whoever, being an officer having the duty to create a document, receive a document, or fill 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 [any] information, which has not been notified, has been notified;
(3)omitting to record [any] information which he has the duty to accept 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 not over seven years and a fine not over fourteen thousand baht.
Section163.Whoever, being an officer having a duty in the postal, telegraphic, or telephone service, breaches the duty in the following manner:
(1)opening or allowing another person to open a letter or other thing sent by post or telegraph;
(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 telegraph;
(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 telegraph; or
(4)disclosing [any] information sent by post, by telegraph, or by telephone;
shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section164.Whoever, being an officer knowing or possibly knowing an official secret, allows another person to know such secret by any means which breaches a duty, shall be punished with imprisonment not over five years, or a fine 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 not over one year, or a fine 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 not over five years, or a fine 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 not over ten years and a fine not over twenty thousand baht.
Section167.Whoever gives, offers to give, or accepts to give property or any other benefit to an officer holding an office of judge, public prosecutor, police prosecutor, or inquiry official, in order to induce [him] to do, abstain from doing, or delay any act in a manner breaching a duty, shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
Section168.Whoever resists a lawful directive of a public prosecutor, police prosecutor, or inquiry official which requires him to appear and give statement, shall be punished with imprisonment not over three months, or a fine 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 official 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 not over three months, or a fine 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 not over six months, or a fine 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 not over six months, or a fine not over one thousand baht, or both the imprisonment and the fine.
Section172.Whoever notifies a public prosecutor, police prosecutor, inquiry official, or officer having the power 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 not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine.
Section173.Whoever, knowing that no offence has occurred, notifies an inquiry official or an officer having the power to investigate a criminal case that an offence has been committed, shall be punished with imprisonment not over three years and a fine not over six thousand baht.
Section174.If the notification under section 172 or section 173 is for the malicious purpose of causing any person to be subjected to a safety measure, the offender shall be punished with imprisonment not over three years and a fine 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 not over five years and a fine 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 not over five years and a fine 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 issued, 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 not over five years, or a fine 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 as said in paragraph 1 is committed during the trial of a criminal case, the offender shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
Section178.Whoever, being required by an officer holding an office of judge, public prosecutor, police prosecutor, or inquiry official to translate any information or meaning, gives a mistranslation of such information or meaning on an important point, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section179.Whoever creates false evidence in order that an inquiry official or officer empowered to 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 not over two years, or a fine 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 not over three years, or a fine 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 as said in paragraph 1 is committed during the trial of a criminal case, the offender shall be punished with imprisonment not over sever years and a fine not over fourteen thousand baht.
Section181.If the offence under section 174, section 175, section 177, section 178, or section 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 life imprisonment, 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 section 178, admits the guilt and reveals the truth to the court or officer before conclusion of the testimony or translation, shall not be punished.
Section183.Whoever, having committed the offence under section 177, section 178, or section 180, admits the guilt and reveals the truth to the court or officer before the judgment is issued 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 not over five years, or a fine 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 not over five years, or a fine 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 not over three years, or a fine 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 not over three years, or a fine 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 not over five years and a fine 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 not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine.
Section190.Whoever escapes whilst being detained by virtue of the power of a court, inquiry official, or officer empowered to investigate a criminal case, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
If the offence as said 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 offender shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section191.Whoever frees from detention by any means a person detained by virtue of the power of a court, inquiry official, or officer empowered to investigate a criminal case, shall be punished with imprisonment not over five years, or a fine 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 a punishment of death, life imprisonment, or imprisonment of fifteen years or more, or the number [of the persons freed] is three 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.
If [either of] the offences as said in the two previous paragraphs 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 prescribed 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 virtue of the power of a court, inquiry official, or officer empowered to investigate a criminal case, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section193.If the offence as said in section 184, section 189, or section 192 is committed to help one's father, mother, child, husband, or wife, the court may abstain 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 not over one year, or a fine 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 stipulations of section 49, shall be punished with imprisonment not over six months, or a fine 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 not over six months, or a fine 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 accepts to offer a benefit in order to prevent or obstruct a public auction held by an officer by virtue of a judgment or order of a court, shall be punished with imprisonment not over six months, or a fine 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 not over three years, or a fine 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 not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section200.Whoever, being an officer holding an office of public prosecutor, police prosecutor, inquiry official, or officer empowered to investigate a criminal case or implement a criminal warrant, wrongfully does or abstains from doing any act in office 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 such doing or abstention 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 life imprisonment, or imprisonment from one year to twenty years and a fine from two thousand baht to forty thousand baht.
Section201.Whoever, being an officer holding an office of judge, public prosecutor, police prosecutor, or inquiry official, wrongfully demands, receives, or agrees to receive property or any other benefit for himself or another person in order to do or abstain from doing any act in office, regardless of whether or not it is in line with a duty, shall be punished with life imprisonment, or imprisonment from one year to twenty years and a fine from two thousand baht to forty thousand baht.
Section202.Whoever, being an officer holding an office of judge, public prosecutor, police prosecutor, or inquiry official, does or abstains from doing any act in office, in consideration of the property or any other benefit which he has demanded, received, or agreed to receive prior to his appointment to such office, shall be punished with life imprisonment, 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 not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section204.Whoever, being an officer having the function to oversee a person detained by virtue of the power of a court, inquiry official, or officer empowered to investigate a criminal case, frees such detained person from detention in any manner, 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 a punishment of death, life imprisonment, or imprisonment of fifteen years or more, or the number [of the persons freed] is three or more, 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 as said in section 204 is committed negligently, the offender shall be punished with imprisonment not over two years, or a fine 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 a punishment of death or the number [of the persons freed] is three or more, the offender shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
If the offender manages to have the person freed from detention retaken 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 not over three years, or a fine 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 not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section208.Whoever wrongfully dresses as or uses a symbol signifying a monk, novice, ascetic, or priest in any religion in order to make others believe that he is such a person, shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section209.Whoever is a member of an entity which conceals the operating procedure and aims for an unlawful activity commits an offence of being a member of a secret society and shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
If the offender is the ringleader, manager, or functionary of such entity, he shall be punished with imprisonment not over ten years and a fine not over twenty thousand baht.
Section210.Whoever conspires with others, amounting to five or more persons, to commit any of the offences prescribed in this Division 2 and carrying the maximum punishment of imprisonment of one year or more, commits an offence of being a member of a criminal association and shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
If the conspiracy is for committing an offence punishable with death, life imprisonment, or maximum imprisonment of ten years or more, the offender 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 commits an offence of being a member of 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)procures 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 being a member of a secret society or criminal association, as the case may be.
Section213.If any of the members of a secret society or criminal association has committed the offence in accordance with the aim of such secret society or criminal association, all of 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 functionaries of the secret society or criminal association, shall be punished with the punishment prescribed for such offence.
Section214.Whoever conducts as usual business the procurement of a harbour, hideout, or meeting place for a person whom he knows commits an offence as prescribed in this Division 2, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
If such offence is committed for helping one's father, mother, child, husband, or wife, the court may abstain 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 not over six months, or a fine 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 not over two years, or a fine 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 not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section216.Whoever fails to disperse when an officer orders dispersal of the persons gathering for the commission of an offence in accordance with section 215, shall be punished with imprisonment not over three years, or a fine 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 life imprisonment, 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 as said in section 217 or section 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 not over seven years and a fine not over fourteen thousand baht.
If the commission of the offence as said in paragraph 1 causes fire to [any of] the things specified in section 218, the offender shall be punished as prescribed 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 not over seven years and a fine not over fourteen thousand baht.
Section222.Whoever causes an explosion to the degree of causing harm to [any of] the things as said in section 217 or section 218 shall be punished as prescribed in such section.
Section223.As for the offence as said in section 217, section 218, section 220, section 221, or section 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 not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section224.If the commission of the offence as said in section 217, section 218, section 221, or section 222 causes another person to die, the offender shall be punished with death or life imprisonment.
If it causes another person to undergo serious harm, 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 not over seven years, or a fine 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 not over five years, or a fine 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 not over five years, or a fine 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 not over five years, or a fine 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 commission of the offence as said 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 not over five years, or a fine 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 not over one year, or a fine 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 not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section235.Whoever by any means causes obstruction to the public communications by post, telegraphy, telephone, or radio, shall be punished with imprisonment not over three years, or a fine 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 not over three years, or a fine 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 the commission of [any of] the offences under section 226 through section 237 causes another person to die, the offender shall be punished with life imprisonment, or imprisonment from five years to twenty years and a fine from ten thousand baht to forty thousand baht.
If it causes another person to undergo serious harm, 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 as said in section 226 through section 237 is committed negligently and almost harms the life of another person, the offender shall be punished with imprisonment not over one year, or a fine 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, commits an offence of forgery of currency and shall be punished with life imprisonment, 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, commits an offence of alteration of currency and shall be punished with life imprisonment, 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 not over seven years and a fine not over fourteen thousand baht.
Whoever brings into the Kingdom, utters, or possesses for uttering a coin of which the weight has been dishonestly decreased in accordance with the stipulations 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 prescribed 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 not over ten years, or a fine 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 said 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 such act as said 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 prescribed in the section concerned.
Section248.If the offender under section 240, section 241, or section 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, section 241, or section 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 not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
If the piece of paper or metal as said in paragraph 1 is disposed of by uttering as if being any such a thing as said in paragraph 1, the offender shall be punished with imprisonment not over three years, or a fine 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[24] 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 said in section 250 or section 251 which has been forged, shall be punished as prescribed in such section.
Section253.Whoever obtains such a seal or seal impression as said in section 250 or section 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 prescribed in section 250 or section 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 impression of a seal of a public body, public organisation, or officer, or stamp as specified in section 250, section 251, or section 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 not over three years, or a fine 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 as said in section 254 or section 256, regardless of whether the act under such section has been done inside or outside the Kingdom, shall be punished with imprisonment not over three years, or a fine 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 not over two years, or a fine 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 not over one year, or a fine 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 as said in section 258 or section 259, shall be punished with imprisonment not over one year, or a fine 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, section 258, or section 259, or possesses such tool or object for use in forgery or alteration, shall be punished with imprisonment not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine.
Section262.If the act as said in section 254, section 256, section 257, or section 261 relates to a foreign government stamp, the offender shall be punished with one half of the punishment prescribed in such section.
Section263.If the offender under section 250, section 251, section 256, section 258, section 259, or section 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, section 251, section 254, section 256, section 258, section 259, or section 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, commits an offence of document forgery 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, if he does so in order to make any person erroneously believe that it is a genuine document.
Whoever inserts information into 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;[25] or
(4)a bill;[26]
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 executing a duty, to record false information onto a public document or official document intended to be used as evidence, shall be punished with imprisonment not over three years, or a fine 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, section 265, section 266, or section 267, shall be punished as prescribed 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 according to 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 not over two years, or a fine 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 not over three years, or a fine 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 not over one year, or a fine 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 not over one year, or a fine 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 not over three years, or a fine 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 not over one year, or a fine 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 prescribed in section 272(1), or merchandise which bears a forged trademark or imitates a trademark of another person according to section 273 or section 274, shall be punished as prescribed in such section.
Section276.Whoever forcibly commits intercourse with another woman than his own wife by threatening in any manner, by exercising forcible violence, whilst the woman is being in a state of irresistibility, 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 commits intercourse with a girl aged not over thirteen years still, 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 aged above thirteen years by threatening in any manner, by exercising forcible violence, whilst that person is being in a state of irresistibility, or by making that person mistake him for a different person, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section279.Whoever commits indecency with a child aged not over thirteen years still, whether with or without the consent of that child, shall be punished with imprisonment not over three years, or a fine 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 being in a state of irresistibility, or by making the child mistake him for a different person, he shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section280.If the commission of the offence under section 276, section 277, section 278, or section 279 causes the victim—
(1)to undergo 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)to die, the offender shall be punished with life imprisonment, 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 section 278 is compoundable if it did not occur in public,[27] did not cause the victim to undergo serious harm or to die, 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 fulfil the desire of another person, makes it his own business to procure, lures away, or leads away for an indecent purpose a girl or woman aged not over eighteen years still, whether with or without the consent of that girl or woman, shall be punished with imprisonment not over five years and a fine 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 fulfil the desire 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 not over seven years and a fine 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 not over seven years and a fine not over fourteen thousand baht.
Whoever hides the woman 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, section 277, section 278, section 279, section 280, section 282, or section 283 is committed against his descendant, a pupil under his care, a person kept under his control by virtue of an official duty, or a person under his guardianship, custodianship, or curatorship, the offender shall be punished one-half more heavily than that prescribed in such section.
Section286.Any man aged above sixteen years who lives on the fruits of working of a public woman[28] shall be punished with imprisonment not over three years, or a fine 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 purposes of trade 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)conducts trade or takes part in or involves himself in trade relating to the said 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 said 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 said obscene object or material could be found;
shall be punished with imprisonment not over six months, or a fine not over one thousand baht, or both the imprisonment and the fine.
Section288.Whoever kills another person shall be punished with death, life, imprisonment, or imprisonment from fifteen years to twenty years.
Section289.Whoever—
(1)kills an ascendant;
(2)kills an officer who is executing a duty or because he is to execute or has executed a duty;
(3)kills a person who assists an officer in the latter's execution of a duty or because such person is to help or has helped the said officer;
(4)kills another person premeditatedly;
(5)kills another person in a torturous manner and through an act of 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 him to die, shall be punished with imprisonment from three years to fifteen years.
If that offence bears any such characteristic as prescribed in section 289, the offender shall be punished with imprisonment from three years to twenty years.
Section291.Whoever acts negligently and thereby causes another person to die shall be punished with imprisonment not over ten years and a fine not over twenty thousand baht.
Section292.Whoever treats with cruelty or similar factors 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 not over seven years and a fine not over fourteen thousand baht if the suicide occurs or the suicide is attempted.
Section293.Whoever helps or incites to commit suicide a child aged not over sixteen years still or a person incapable of understanding the nature or essence of his own action or incapable of directing his own action, shall be punished with imprisonment not over five years, or a fine 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 not over two years, or a fine not over four thousand baht, or both the imprisonment and the fine, if any particular person, whether or not he be 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 shall not be punished.
Section295.Whoever assaults another person to the degree of causing harm to the body or mind of such other person, commits an offence of assault causing bodily harm and shall be punished with imprisonment not over two years, or a fine 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 not over three years, or a fine not over six thousand baht, or both such imprisonment and the fine, if the offence bears any such characteristic as prescribed in section 289.
Section297.Whoever commits an offence of assault causing bodily harm to the degree of causing the assaulted person to undergo serious harm shall be punished with imprisonment from six months to ten years.
Such serious harm is—
(1)blindness, deafness, tongue laceration, or loss of the sense of smell;
(2)loss of a reproductive organ or the ability to reproduce;
(3)loss of an arm, leg, hand, 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 prescribed in section 289.
Section299.Whoever participates in an affray of three or more persons shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine, when any particular person, whether or not he be 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 another person to undergo serious harm shall be punished with imprisonment not over three years, or a fine 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[29] shall be punished with imprisonment not over three years, or a fine 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 not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
If such act causes the woman to undergo other serious harm 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 the woman to die, the offender shall be punished with imprisonment not over ten years and a fine not over twenty thousand baht.
Section303.Whoever causes a woman to undergo abortion without the consent of such woman 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 the woman to undergo other serious harm 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 the woman to die, 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 section 302, paragraph 1, shall not be punished.
Section305.If [either of] the offences as said in section 301 and section 302 is committed by a male physician[30] and—
(1)it is necessary to be committed because of the health of the woman; or
(2)the woman has become pregnant because of the commission of the criminal offence prescribed in section 276, section 277, section 282, section 283, or section 284;
the offender is guiltless.
Section306.Whoever abandons at any place a child aged not over nine years still 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 not over three years, or a fine 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, ailing, physical disability, or mental disability, abandons the latter in a manner likely to cause harm to the life, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section308.If the commission of the offence under section 306 or section 307 causes the abandoned person to die or undergo serious harm, the offender shall be punished as prescribed in section 290, section 297, or section 298.
Section309.Whoever coerces another person into doing, abstaining 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, abstain from, or yield to such thing, shall be punished with imprisonment not over three years, or a fine 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 not over five years, or a fine 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 not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
If the commission of the offence under paragraph 1 causes the person restrained, confined, or deprived of physical liberty to die or undergo serious harm, the offender shall be punished as prescribed in section 290, section 297, or section 298.
Section311.Whoever acts negligently and thereby causes another person to be restrained, confined, or deprived of physical liberty, shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
If the commission of the offence under paragraph 1 causes the person restrained, confined, or deprived of physical liberty to die or undergo serious harm, the offender shall be punished as prescribed in section 291 or section 300.
Section312.Whoever, in order to reduce a human to slavery or to a status resembling slavery, brings into or sends out of the Kingdom, carries in from any place, sells, buys, disposes of, receives, or restrains any particular person, shall be punished with imprisonment not over seven years and a fine not over fourteen thousand baht.
Section313.Whoever, in order to obtain a ransom—
(1)takes away a child aged not over thirteen years still;
(2)takes away a person aged above 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 commission of such offence as said in paragraph 1 causes the person taken away, restrained, or confined to undergo serious harm, the offender shall be punished with death or life imprisonment.
If the commission of such offence causes the person taken away, restrained, or confined to die or it is committed through torture or through cruelty or brutality to the degree that causes the victim to undergo physical or mental harm, the offender shall be punished with death or life imprisonment.
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 issues the judgment, the offender under section 313, section 314, or section 315 manages to restore the person taken away, restrained, or confined to liberty without him having undergone serious harm or having 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 aged not over thirteen years still 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 separated in accordance with the stipulations of paragraph 1, shall be punished in the same manner as the separator.
Section318.Whoever separates a minor aged above thirteen years but still not over eighteen years from the father, mother, guardian, or carer when the minor is not willing to go with him, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
If [either of] the offences as said 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 aged above thirteen years but still not over eighteen years from the father, mother, guardian, or carer when the minor is willing to go with him, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Whoever dishonestly buys, disposes of, or receives a minor separated in accordance with the stipulations 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 not over five years, or a fine 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,[31] 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 not over six months, or a fine 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,[32] female midwife,[33] nurse, priest, advocate,[34] 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 not over six months, or a fine not over one thousand baht, or both the imprisonment and the fine.
A person educated or trained for such occupation as said 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 a function, profession, or occupation of trust a secret of another person which relates to an industry, discovery,[35] or scientific invention, and discloses or uses such secret for his own or another person's benefit, shall be punished with imprisonment not over six months, or a fine 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[36] a third person in a manner likely to subject such other person to disrepute, insult, or hatred, commits an offence of defamation and shall be punished with imprisonment not over six months, or a fine 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 commits an offence of defamation and shall be punished as prescribed in section 326 when the imputation is likely to cause disrepute, insult, or hatred 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,[37] or other audio recording; committed by broadcasting of sound; or committed by any other means of publicity; the offender shall be punished with imprisonment not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section329.Whoever honestly expresses any opinion or information—
(1)for legitimacy,[38] self-defence, or defence of a due interest in relation to him;
(2)in the capacity as an officer that executes a duty;
(3)in order to give a fair comment upon any person or thing as the public would naturally 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 shall not 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 in court for the benefit of his own case, is not guilty of an offence 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 commits an offence of theft and shall be punished with imprisonment not over three years and a fine 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, or at or around a place where there is an accident, a train or other vehicle for public travel being in distress, or other similar disaster, or by taking advantage of the occurrence of such 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, 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 possessed for public benefit;
(11)which belongs to the employer or which is in the possession of the employer;
(12)which belongs to a pursuer of a farming occupation, 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 in such characteristics as prescribed in two or more of the aforesaid 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 the offence as said in this section is committed out of compulsion[39] or unbearable poverty and the thing is of little value, the court may impose upon the offender such punishment as prescribed in section 334.
Section336.Whoever commits theft of a thing by grasping or grabbing it in the presence [of its owner] commits an offence of snatching and shall be punished with imprisonment not over five years and a fine not over ten thousand baht.
If the snatching causes another person to undergo physical or mental harm, 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 another person to undergo serious harm, 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 another person to die, 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, commits an offence of extortion and shall be punished with imprisonment not over five years and a fine 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 of which the disclosure would cause injury to the threatened person or a third person to the degree that the threatened person so agrees, 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;
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 in such characteristic as prescribed 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 another person to undergo physical or mental harm, 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 another person to undergo serious harm, 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 another person to die, 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 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 another person to undergo serious harm, the offenders shall be punished with life imprisonment or imprisonment from fifteen years to twenty years.
If the gang robbery is committed through expression of cruelty to the degree of causing another person to undergo physical or mental harm, [or through] discharge of a gun, use of an explosive, or infliction of torture, the offenders shall be punished with life imprisonment or imprisonment of twenty years.
If the gang robbery causes another person to die, the offenders shall be punished with death or life imprisonment.
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, commits an offence of defrauding 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.
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 not over five years, or a fine 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 not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
If the commission of the offence as said in paragraph 1 also contains such characteristic as said 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 not over three years, or a fine 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 not over three months, or a fine 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 not over two years, or a fine 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 not over five years, or a fine 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 not over two years, or a fine 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 not over two years, or a fine 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, commits an offence of embezzlement 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.
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 entrusted with management of the property which belongs to another person or the property of 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 not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section354.If the offence under section 352 or section 353 is committed in the offender's capacity as a manager of another person's property according to a court order or testament, or in his capacity as a pursuer of an occupation or business of public trust, the offender shall be punished with imprisonment not over five years, or a fine 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 not over one year, or a fine 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, takes in pledge, 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, commits an offence of receiving stolen goods and shall be punished with imprisonment not over five years, or a fine 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 the 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 not over five years, or a fine 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 possessed for public benefit shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section361.The offences under section 358 and section 359 are compoundable.
Section362.Whoever enters immovable property of another person to occupy such immovable property in whole or in part, or enters it to commit any act which disturbs its peaceful possession by the latter, shall be punished with imprisonment not over one year, or a fine 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 a boundary marker of such immovable property in whole or in part, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.
Section364.Whoever, without appropriate cause, enters or hides himself in a dwelling, repository, or office in the possession of 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 not over one year, or a fine not over two thousand baht, or both the imprisonment and the fine.
Section365.If the offence under section 362, section 363, or section 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 not over five years, or a fine 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 the law, refuses to declare it or maliciously declares a false name or address, shall be punished with a fine not over one hundred baht.
Section368.Whoever, being informed of an order of an officer which commands anything by virtue of a power legally given, fails to comply with the order without appropriate cause or excuse, shall be punished with imprisonment not over ten days, or a fine not over five hundred baht, or both the imprisonment and the fine.
If such an order be one which commands 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 not over one month, or a fine 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 not over five hundred baht.
Section370.Whoever, without appropriate cause, utters 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 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 affair, shall be punished with a fine 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 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 not over five hundred baht.
Section374.Whoever sees another person being in a danger of life, in regard to which he may offer help without having to fear harm to himself or another person, but fails to help as necessary, shall be punished with imprisonment not over one month, or a fine 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 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 not over ten days, or a fine 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 not over one month, or a fine 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 not over five hundred baht.
Section379.Whoever draws out or displays a weapon during a dispute or fight, shall be punished with imprisonment not over ten days, or a fine 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 not over one month, or a fine 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 not over one month, or a fine not over ten thousand baht, or both the imprisonment and the fine.
Section382.Whoever employs an animal to work excessively or inappropriately despite its ailment, senility, or young age, shall be punished with imprisonment not over one month, or a fine 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 not over one month, or a fine 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 not over one month, or a fine 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 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 not over five hundred baht.
Section387.Whoever hangs, installs, or places anything in such 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 not over five hundred baht.
Section388.Whoever commits a shameful act in public, whether by uncovering or revealing the body or by doing a different act of obscenity, shall be punished with a fine 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 not over one month, or a fine 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 not over one month, or a fine 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 not over one month, or a fine 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 not over one month, or a fine 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 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 not over one month, or a fine 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 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 not over five hundred baht.
Section397.Whoever, in a public place or in public, bullies or oppresses another person or causes humiliation or nuisance to another person by any means, shall be punished with imprisonment not over one month, or a fine 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 aged not over thirteen years still, ailing person, or senile person who needs to depend upon him for living or for any other purpose, shall be punished with imprisonment not over one month, or a fine not over one thousand baht, or both the imprisonment and the fine.
Notes[edit]
- ↑ The Thai text literally translates as "a benefit which should not be obtained according to the law" and thus could be understood to mean that the benefit should be obtained unlawfully. The English draft of this code (Office of the Juridical Council, 1950a, p. 28/6) contained "to procure for himself or any other person any advantage to which he is not lawfully entitled".
- ↑ The term rot (Thai: รถ; "wheeled vehicle") here might refer back to "train" or "tram", which is called rot-fai (Thai: รถไฟ) or rot-rang (Thai: รถราง) in Thai. The English draft of this code (Office of the Juridical Council, 1950a, p. 28/6) merely contained "and includes any railway or tramway used for public conveyance".
- ↑ The Office of the Royal Society (2013) defines ruean (Thai: เรือน) as "a walled and roofed structure raised on stilts, used for residence; a residence". Pallegoix (1896, p. 841) defines it "house, family". In the English draft of this code (Office of the Juridical Council, 1950a, p. 28/6), the term "house" was used.
- ↑ The Office of the Royal Society (2013) defines rong (Thai: โรง) as "a roofed structure, usually situated on the ground, used for residence, conduct of business, or storage of things, for instance". Pallegoix (1896, p. 841) defines it as "habitation, establishment, vestibule, hall, shed, warehouse, workhouse". In the English draft of this code (Office of the Juridical Council, 1950a, p. 28/6), the term "shed" was used.
- ↑ The Office of the Royal Society (2013) defines phae (Thai: แพ) as (1) a raft (collection of logs, etc, fastened together for floating on water) and (2) a residence situated on a raft. In the English draft of this code (Office of the Juridical Council, 1950a, p. 28/6), the term "floating house" was used.
- ↑ Literally, "using force to inflict violence". In the English draft of this code (Office of the Juridical Council, 1950a, p. 28/6), the phrase "to use violence" was used.
- ↑ Literally, "by using a drug to make [someone] intoxicated". The English draft of this code (Office of the Juridical Council, 1950a, p. 28/6) contained "by administering drugs to make him intoxicated".
- ↑ Literally, "shall be discharged from the act of being an offender". The English draft of this code (Office of the Juridical Council, 1950a, p. 28/8) contained "shall be free from being an offender".
- ↑ Originally, "in the event [of]".
- ↑ The Office of the Royal Society (2013) defines kakkhang (Thai: กักขัง) as "to force to be in a limited place; to keep in a limited place". The Office of the Royal Society (2016) says kankakkhang (Thai: การกักขัง), the noun form of the verb kakkhang, corresponds to "confinement" or "incarceration" in English. In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/111), the term "arrest" was used for kakkhang.
- ↑ The term kakkan (Thai: กักกัน), here translated as "incarceration", is defined by the Office of the Royal Society (2013) as "to prohibit from going out of an area designated; to designate an area for [someone] to stay in". The Office of the Royal Society (2016) says kankakkan (Thai: การกักกัน), the noun form of the verb kakkan, corresponds to "internment" in English. In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/111), the term "relegation" was used. According to The Law Dictionary (n.d.), "relegation" is "in Old English law[,] banishment for a time only". It is also found in French law and refers to "a supplementary punishment inflicted upon recidivists, by which a convict is required to stay (individual relegation), or is interned (collective relegation), outside the metropolitan territory" (CNRTL, 2012).
- ↑ Literally, "To act with intent is to act with awareness of the acting and, at the same time, the offender desires the outcome, or does foresee the outcome, of such act." The English draft of this code (Office of the Juridical Council, 1950b, p. 29/2) contained: "A person is said to do an act intentionally if such person desired the doing of that act and desired or could foresee the effect of such doing".
- ↑ Literally, "To act with negligence is to commit an offence [in an manner] which is not with intent, but to commit [the offence] without care which a person in such a state must have according to [his] nature and circumstances and the offender might have been able to use such care but did not use [it] sufficiently." The English draft of this code (Office of the Juridical Council, 1950b, pp. 29/2 – 29/5) contained: "A person is said to do an act by negligence if such person does the act unintentionally, but does so without such care as might be expected from its nature and circumstances and he could have exercised such care but did not do so sufficiently."
- ↑ The Thai text literally translates "if such act is not an act beyond the appropriateness of [its] cause". The English draft of this code (Office of the Juridical Council, n.d., p. 16/34) contained "provided that no more is done than is reasonably required under the circumstances".
- ↑ The Thai text literally translates "if committed [in a manner that] fits the appropriateness of [its] cause". The English draft of this code (Office of the Juridical Council, n.d., p. 16/34) contained "provided that no more is done than is reasonably required under the circumstances".
- ↑ Chot-khlao (Thai: โฉดเขลา) and baopanya (Thai: เบาปัญญา) both mean "stupid". Etymologically, chot-khlao is a combination of chot, which the Office of the Royal Society (2013) defines as "stupid, dim-witted", and klao, which the same defines as "naïve, unaware, insensible, unwise, unclever", whilst baopanya literally means "light intelligence", being a combination of bao ("light") and panya ("intelligence"). In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/19), "stupidity" and "lack of intelligence" were used.
- ↑ Mi khun khwamdi ma kon (Thai: มีคุณความดีมาก่อน) literally translates as "to have contributions [and] goodness since before". In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/19), the phrase "previous good conduct" was used.
- ↑ Lu kae thot (Thai: ลุแก่โทษ) consists of lu ("to reach, to arrive"), kae ("to"), and thot ("guilt, punishment"), and may be translated literally as "to arrive at guilt" or "to arrive at punishment". The Office of the Royal Society (2013) defines it as "to confess one's guilt and allow oneself to be punished [by someone] as [the latter] may find appropriate". In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/19), the phrase "voluntary surrender" was used.
- ↑ Hetpatchai (Thai: เหตุปัจจัย) is a combination of the words het and patchai, both having the same meaning, "cause", according to the Office of the Royal Society (2013). The term is here translated as "means" according to the English draft of this code (Office of the Juridical Council, 1950b, p. 29/20).
- ↑ The Thai text does not say what punishment it is referring to.
- ↑ In fact, the Thai term kasat (Thai: กษัตริย์) should be translated as "monarch" because it is a gender-neutral term and a female can become kasat. But it is here translated as "king" because (1) the word king was used in the English draft of this code (Office of the Juridical Council, 1943, p. 1) and (b) the term kasat is accompanied by the term rachini (Thai: ราชินี; "queen"), which Penal Code Drafting Committee member Saeng-uthai (2003, p. 20) and Constitutional Court judge Minakanit (2006, p. 233) wrote refers to the queen consort of a reigning kasat. Etymologically, kasat is from Sanskrit kṣatriya.
- ↑ Referring to the life of the Queen or Heir to the Throne or the life of the Regent. The Thai provision employs a linguistic register known as royal register.
- ↑ In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/28), the term "threaten"' was used. However, in the Thai version of the code as enacted, the phrase sadaeng khwam-a-khat-mat-rai (Thai: แสดงความอาฆาตมาดร้าย) is used. Sadaeng means to show, to express, to display, etc. Khwam-a-khat-mat-rai is the abstract noun of a-khat-mat-rai, which idiomatically means "to be spiteful [towards someone or to] intend to do [someone] harm", according to the Office of the Royal Society (2013). Literally, a-khat-mat-rai is a compound word consisting of a-khat ("to spite") and mat-rai ("to intend ill"). A member of the Penal Code Drafting Committee, Saeng-uthai (2003, p. 22), wrote that sadaeng khwam-a-khat-mat-rai here means "expressing an intention to assault in the future". Constitutional Court judge Minakanit (2006, p. 235) wrote that this phrase means "expressing an ill intention against the life, body, liberty, or reputation, property, or other rights..., whether through action, symbol, text, speech, or any other thing."
- ↑ The term paramaphithai (Thai: ปรมาภิไธย), which literally translates as "great name", generally refers to the name of a monarch. But the term here seems to refer to the signature rather than the name itself, and is thus translated as "sign-manual". In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/65), the term "sign manual" was used.
- ↑ In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/68), the French term "certificat d'actions ou d'obligations" was used here.
- ↑ Tua-ngoen (Thai: ตั๋วเงิน; literally, "money ticket") is the Thai term for a bill, which refers to a negotiable instrument, such as a bill of exchange, promissory note, or cheque.
- ↑ Tharakamnan (Thai: ธารกำนัล) is an idiom meaning "a gathering of people, a lot of people", according to the Office of the Royal Society (2013). It is here translated as "in public" in line with the English draft of this code (Office of the Juridical Council, 1950b, p. 29/72), in which the term "public" was used for tharakamnan. However, the Thai judiciary has repeatedly interpreted that tharakamnan refers to a third party, even though the party consists of only one person and the offence does not take place in public. Examples may be drawn from the following judgments of the Thai Supreme Court of Justice (Information Technology Centre, 2015):
Year Judgment Ruling 2014 15913/2557 The accused was committing indecency against the injured person in a toilet when a man entered the toilet and saw the act. The accused thus committed the act in the presence of tharakamnan. 2012 9408/2555 At the time of the incident, the co-prosecutor and her mother were sleeping in their house. The accused dragged a hand of the co-prosecutor and groped her from behind. The offence of indecency was thus committed in the presence of tharakamnan. 2010 4593/2553 A waiter at the restaurant where the incident took place saw the accused groping the breast of the injured person. The offence was therefore committed in the presence of tharakamnan. 2008 6668/2551 Whilst on the Skytrain which carried a great number of passengers, the accused slit the skirt of the injured person, pressed his own body against hers, and pushed his sex organ around her butt. The offender thus committed an offence of indecency in the presence of tharakamnan. 2004 4836/2547 The fact that the accused grabbed a hand of the co-prosecutor and dragged her into a room of the hotel whilst a hotel staff member was present indicates that the act was openly committed and could be seen by anyone. Although no one saw it, it is considered to have been committed in the presence of tharakamnan. - ↑ This code employed the archaic term of ying nakhon sopheni (Thai: หญิงนครโสเภณี), which literally translates as "woman [who is the] beauty of the city", historically referring to a courtesan.
- ↑ The Thai text literally translates as "any woman [who] causes herself to [undergo] miscarriage of a child or allows another one to cause her to [undergo] miscarriage of a child". The English draft of this code (Office of the Juridical Council, 1943, p. 147) stated "Any woman who causes herself to miscarry, or allows any other person to cause her to miscarry" and contained the following notes:
"(1) The Meeting has considered the matter as to whether or not to cause miscarriage should be deemed an offence. After examining the laws of various countries and the facts the Meeting has passed a resolution that it shall be deemed an offence.
"(2) As regards fine, the Meeting has passed a resolution to have it increased and, in the matter of wording, to alter 'รีดลูกให้แท้ง' to be 'ทำให้ตนเองแท้งลูก' (to cause herself to miscar[r]y) so to be in accordance with the recommendation of the Faculty of Medicine of Siriraj Hospital. The drafting of various sections in this Chapter has, according to the direction of the Meeting, been carried out along the lines of the Italian Penal Code, viz: Sections 546, 545, 549 and 483."
- ↑ Nai phaet (Thai: นายแพทย์) literally translates as "male physician" as it is a combination of nai ("male") and phaet ("physician"). The English draft of this code (Office of the Juridical Council, 1943, p. 150) stated "No punishment shall be inflicted upon a physician with degree or certificate who causes any woman to misca[r]ry..." and contained the following note: "The Meeting has agreed to accept the principle that in some cases a person may cause a woman to miscarry without being liable to be punished, but the person who does so must be qualified in medical science. This draft is, therefore, accepted by the Meeting. The Secretary has made only slight amendment in wording."
- ↑ The Thai text literally says "to leave [him] to be an anatha person". Anatha (Thai: อนาถา) is defined by the Office of the Royal Society (2013) as "having no one to depend on, orphan, impoverished, miserable". Etymologically, it is from Pali anātha, which the Pali Text Society (2009, p. 391) defines as "helpless, unprotected, poor". The English draft of this code (Office of the Juridical Council, 1950b, p. 29/83) contained "to be abandoned as a pauper".
- ↑ Khon chamnai ya (Thai: คนจำหน่ายยา) literally translates as "one who disposes of medicine". In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/84), the term "druggist" was used.
- ↑ Nang phadungkhan (Thai: นางผดุงครรภ์) only refers to a female midwife because it is prefixed by the feminine indicator nang. In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/84), the mere term of "midwife" was used.
- ↑ Mo-khwam (Thai: หมอความ) literally translates as "case expert". The Office of the Royal Society (2013) defines it as "one who has been authorised to advocate or defend a party to a legal case, also known as thanai ['attorney'] or thanai-khwam ['attorney-at-law']". In modern usage, the term has become colloquial and dated. The term is here translated as "advocate" in accordance with the English draft of this code (Office of the Juridical Council, 1950b, p. 29/84).
- ↑ Kankhonphop (Thai: การค้นพบ) is a noun form of the verb khonphop, which, in modern usage, means "to discover". In the English draft of this code (Office of the Juridical Council, 1950b, p. 29/84), the term "research" was used.
- ↑ To (Thai: ต่อ), here translated as "before", can mean "before", "into", "against", etc, according to the Office of the Royal Society (2013). The English draft of this code (Office of the Juridical Council, 1950b, p. 29/84) contained "Whoever, by communication made to a third person, imputes anything in a manner likely to injure the reputation of any other person or to expose such person to hatred or contempt".
- ↑ Phaensiang (Thai: แผ่นเสียง) literally translates as "audio disc" as it is a combination of phaen ("disc") and siang ("sound"). In literal sense, it can refer to any audio disc. The Office of the Royal Society (2013) says it specifically refers to a phonograph record.
- ↑ Khwamchoptham (Thai: ความชอบธรรม), here translated as "legitimacy", is the noun form of the adjective choptham, which means "legitimate". The Office of the Royal Society (2013) defines choptham as "being in compliance with dharmic principles; being in compliance with law". The English draft of this code (Office of the Juridical Council, 1950b, p. 29/85) contained "by way of self justification or defence or for the protection of a legitimate interest".
- ↑ The term chamchai (Thai: จำใจ), here translated as "compulsion", is not defined by any dictionary. Etymologically, it is a compound consisting of cham ("to force, to compel, to constrain, etc") and chai ("heart, mind, emotion, etc"). It is a vague term referring to any situation in which a person forces himself to do something he does not want to do. The English draft of this code (Office of the Juridical Council, 1950b, p. 29/88) rendered chamchai as "pressing circumstances".
Bibliography[edit]
Original[edit]
- "Pramuan Kotmai Aya" [Penal Code]. (1956, 15 November). Ratchakitchanubeksa [Royal Gazette], 73(95A), 1–5–170. (In Thai).
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