Thailand Law Library

by Thailand Lawyer

Chapter 2: Application of Criminal Law

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

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

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

1. If the offender does not yet incur any penalty or is incurring it and the penalty determined by the judgment is more serious than that imposable under the subsequent law, the court, either on its own motion or at the request of the offender himself, his legal representative or custodian or a public prosecutor, shall render a new sentence in accordance with the subsequent law. In rendering the new sentence, if it appears that the offender has partially incurred the penalty, the court, taking into consideration the penalty imposable under the subsequent law and deeming appropriate, may impose a more lenient penalty than the minimum rate prescribed by the subsequent law, if any, or the court, finding that the offender has sufficiently incurred the penalty, may set him at liberty.
2. Or if a judgment of death has been rendered and the penalty imposable pursuant to the subsequent law is not serious to the extent of death, then the enforcement of the judgment of death shall be stayed and the death penalty imposed shall be deemed to have been changed to the most serious penalty imposable under the said subsequent law.

Law shall apply to acts performed inside the Kingdom.

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

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

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

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

Whoever to commit the following offences outside the Kingdom shall be punished in the Kingdom, namely:

1. Offences relating to the Security of the Kingdom as provided in Sections 107 to 129;
1. The offence in respect of terrorization as prescribed by Section 135/1, Section 135/2, Section 135/3 and Section 135/4.
2. Offences Relating to Counterfeiting and Alteration as provided in Section 240 to Section 249, Section 254, Section 256, Section 257 and Section 266 (3) and (4); (2 bis) Offences Relating to Sexuality as provided in Section 282 and Section 283;
3. Offence Relating to Robbery as provided in Section 339, and Offence Relating to Gang-Robbery as provided in Section 340, which is committed on the high seas.

Whoever commits an offence outside the Kingdom shall be punished in the Kingdom; provided that, and, provided further that the offence committed be any of the following namely:

1. The offender be a Thai person, and there be a request for punishment by the Government of the country where the offence has occurred or by the injured person; or
2. The offender be an alien, and the Thai Government or a Thai person be the injured person, and there be a request for punishment by the injured person;

If such offence to be the offence specified as following shall be punished within the Kingdom namely:

• Offences Relating to Cause Public Dangers as provided in Section 217, Section218, Section 221 to Section 223 excepting the case relating to the first paragraph of Section 220, and Section 224, Section 226, Section 228 to Section 232, Section 237, and Section 233 to Section 236 only when it is the case to be punished according to Section 238;
• Offences Relating to Documents as provided in Section 264, Section 265, Section 266 (1) and (2), Section 268 excepting the case relating to Section 267 and Section 269; (2/1) Offence Relating to the Electronic Card according to be prescribed by Section 269/1 to Section 269/7.
• Offences Relating to Sexuality as provided in Section 276, Section 280 and Section 285 only for the case relating to Section 276;
• Offences Against Life as provided in Section 288 to Section 290;
• Offences Against Body as provided in Section 295 to Section 298;
• Offences of Abandonment of Children, Sick or Aged Persons as provided in Section 306 to Section 308;
• Offences Against Liberty as provided in Section 309, Section 310, Section 312 to Section 315, and Section 317 to Section 320;
• Offences of Theft and Snatching as provided in Section 334 to Section 336;
• Offences of Extortion, Blackmail, Robbery and Gang-Robbery as provided in Section 337 to Section 340;
• Offences of Cheating and Fraud as provided in Section 341 to Section 344, Section 346 and Section 347;
• Offences of Criminal Misappropriation as provided in Section 352 to Section 354;
• Offences of Receiving Stolen Property as provided in Section 357;
• Offences of Mischief as provided in Section 358 to Section 360.

Section 9. Offenses by Government Officials

Thai Government official commits the offence as prescribed from Section 147 to Section 166 and from Section 200 to Section 205 outside the Kingdom shall be punished in the Kingdom.

Section 10. No Double Jeopardy

Whoever does an act outside the Kingdom, which is an offence according to various Sections as specified in Section 7 (2) and (3), Section 8 and Section 9 shall not be punished again in the Kingdom for the doing of such act, if:

• There be a final judgment of a foreign. Court acquitting such person; or
• There be a judgment of a foreign Court convicting such person, and such person has already passed over the punishment.

If the sentenced person has suffered the punishment for the doing of such act according to the judgment of the foreign Court, but such person has not yet passed over the punishment, the Court may inflict less punishment to any extent than that provided by the law for such offence, or may not inflict any punishment at all, by having regard to the punishment already suffered by such person.

Section 11. Court can determine level of punishment

Whoever commits an offence within the Kingdom, or commits an offence deemed by this Code as being committed within the Kingdom, and, if such person has suffered the punishment in whole or in part for such act according to the judgment of the foreign Court, the Court may inflict less punishment to any extent than that provided by the law for such offence, or may not inflict any punishment at all, by having regard to the punishment already suffered by such person.

In case of a person, committing an offence within the Kingdom, or committing an offence deemed by this Code as being committed within the Kingdom, has been prosecuted in the foreign Court at the request of the Thai Government, such person shall not be punished again in the Kingdom for such offence, if:

1. There be a final judgment of the foreign Court acquitting such person; or
2. There be a judgment of the foreign Court convicting such person, and such person has already passed over the punishment.

Section 12. Laws for the Measure of Safety

The measures of safety are applicable to any person only when there are provisions of law for their application, and the law to be applied shall be the law in force at the time when the Court passes judgment.

Section 13. Repeal of Laws Regarding Safety

If the provisions of the law as prescribed afterwards, any measure of safety has been repealed, and any person is still subjected such measure safety, the Court shall give the order repressing the application of such measure of safety when the file of a case appears to the Court, or when such person, legal representative of such person or guardian of such person or the Public Prosecutor makes the request.

Section 14. Safety Laws Modified

In case of any person is subject to any measure of safety, and the provisions of the law as provided afterwards modify the conditions for the application of such measure of safety with the result that it may not be applicable to the case of such person, or that it may be applicable, but the application of such measure of safety according to the provisions of the law as provided afterwards is more favorable to such person, the Court shall have the power to give order, as it thinks fit, when it appears to the Court from the file of the case, or when such person, the legal representative or guardian of such person, or the Public Prosecutor makes a request to the Court to revoke the application of such measure of safety, or makes a request to take the consequence according to the provisions of such law, as the case may be.

Section 15. Changed Punishment

Whenever, according to the provisions of the law as provided afterwards, any punishment has been changed to be a measure of safety, and there is a judgment inflicting such punishment on any person, it shall be deemed that the inflicted punishment is also a measure of safety.

In the case mentioned in the first paragraph, if the punishment is not yet inflicted upon such person, or such person is still undergoing the punishment, the measure of safety shall be applied to such person further.

If, according to the provisions of the law as provided afterwards, there is any condition for giving order for the application of the measure of safety which may not be applicable to such person, or may be applicable but the application of the measure of safety according to the provisions of the law as provided afterwards is more favorable to such person, the Court shall have the power to give order, as it thinks fit, when it appears to the Court from the file of the case, or when such person, the legal representative or guardian of such person, or the Public Prosecutor makes a request to the Court to revoke the application of the measure of safety, or makes a request to take the consequence according to the provisions of such law, as the case may be.

Section 16. Suspension of the Application of Punishment

Whenever the Court gives judgment to apply a measure of safety to any person, if it appears afterwards to the Court from the submission of such person himself, the legal representative or guardian of such person, or the Public Prosecutor that the circumstances concerning the application have changed from formerly. The Court may revoke or suspend temporarily the application of the measure of safety to such person, as it thinks fit.

Section 17. Application of this Book to other Provisions

The provisions in Book 1 of this Code shall be applied in the case of offence according to the other laws also, provided that such laws will have been prescribed otherwise.