Thailand Law Library

by Thailand Lawyer

Chapter 9: Penalties

Any person who violates Article 26 shall be liable to a term of imprisonment not exceeding three months or a fine not exceeding 30,000 Baht, or both.

Any person who violates Articles 27, 50 or 61 shall be liable to a term of imprisonment not exceeding six months or a fine not exceeding 60,000 Baht, or both.

Any person who obstructs a competent official in the performance of his or her duties under Article 30 (1) or (5), or refuses to submit documents or knowingly submits documents which are false to a competent official when a notice has been served according to Article 30 (4) shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both.

Any person who fails to appear to give a statement, refuses without justification to give a statement or gives a false statement to a competent official performing his or her duties under Article 30 (3) shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both. However, if the testifier reverses his position by providing a true statement before the testimony is over, the criminal proceedings against that person shall be halted.

Any person who violates the conditions imposed by the court in connection with the control of behaviour, restrictions on entry to a specified area or restrictions on coming into close proximity to a child under Article 43 shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both.

Any person who establishes or operates a nursery, remand home, welfare centre, safety protection centre or development and rehabilitation centre under Article 52 without a permit, or when the permit has expired or has been revoked shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both.

If the person who violated the provisions under paragraph one applies for a permit or renewal of permit within the period specified by a competent official, the criminal proceedings against that person shall be halted.

The owner or guardian of safety of a nursery, remand home, welfare centre, safety protection centre or development and rehabilitation centre who fails to comply with this Act or the ministerial regulations or regulations issued in pursuance of this Act shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both.

If the person who violated the provisions under paragraph 1 has taken action to rectify or comply with the recommendations of the competent official or person having the duty to protect the child’s safety under Article 24, the criminal proceedings against that person shall be halted.

Any person acting as a guardian of safety of a nursery, remand home, welfare centre, safety protection centre and development and rehabilitation centre without appointment in accordance with Article 55 shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both.

Any person committing an act of inducing, encouraging, assisting or supporting a pupil or student to violate the provisions under Article 64 shall be liable to a term of imprisonment exceeding three months, or a fine not exceeding 30,000 Baht, or both.

Any person who fails to facilitate the work of a competent official in the performance of his or her duties under Article 67 shall be liable to a term of imprisonment not exceeding one month, or a fine not exceeding 10,000 Baht, or both.

Transitional Provisions

Nurseries, remand homes, welfare centres and safety protection centres belonging to government agencies or privately owned with authorisation according to the Announcement no. 294 of the Revolutionary Council dated 27 November 1972 which have been in operation until the day of the enactment of this Act shall be regarded as nurseries, remand homes, welfare centres and safety protection centres under this Act.

All ministerial regulations, rules, regulations, announcements or orders issued by virtue of Announcements No. 132 and No. 294 of the Revolutionary Council dated 22 April 1972 and 27 November 1972 respectively shall remain in full force and effect, insofar as they do not contradict or are in any way inconsistent with this Act, until such time as Ministerial regulations, rules, regulations, announcements issued under this Act come into force.

Counter-signed
Pol. Lt. Col. Thaksin Shinawatra
Prime Minister