Thailand Law Library

by Thailand Lawyer

Chapter 6: Penalties

Whoever commits an offence of trafficking in persons shall be liable to the punishment of an imprisonment from four years to ten years and a fine from eighty thousand Baht to two hundred thousand Baht.

If the offence under paragraph one is committed against a child whose age exceeds fifteen years but not yet reaching eighteen years, the offender shall be liable to the punishment of an imprisonment from six years to twelve years and a fine from one hundred twenty thousand Baht to two hundred forty thousand Baht.

If the offence under paragraph one is committed against a child not over fifteen years of age, the offender shall be liable to the punishment of an imprisonment from eight years to fifteen years and a fine from one hundred sixty thousand Baht to three hundred thousand Baht.

Any juristic person commits an offence of trafficking in persons shall be liable to the punishment of a fine from two hundred thousand Baht to one million Baht.

In case where the offender is a juristic person, if the offence of such juristic person is caused by an order or an act of any person, or the omission to issue an order or perform an act which is the obligation of the managing director, or any person who is responsible for carrying out the business of the said juristic person, such person shall be liable to the punishment of imprisonment from six years to twelve years and a fine from one hundred twenty thousand Baht to two hundred forty thousand Baht.

Whoever obstructs the process of investigation, inquiry, prosecution or criminal proceedings on the offence of trafficking in persons so that the process is unable to be conducted in a well-manner, by doing any of the following acts, shall be liable to the punishment of an imprisonment not exceeding ten years and a fine not exceeding two hundred thousand Baht:

1. giving, offering or agreeing to give property or other benefit to a trafficked person or other witness for inducing such person not to visit the competent official, inquiry official, public prosecutor or not to attend the court for giving facts, statement or testimony, or inducing such person to give facts, statement or testimony that is false, or not to give facts, statement or testimony at all, in the criminal proceedings against the offender under this Act;
2. using of force, coercing, threatening, compelling, deceiving, or using any other means causing a trafficked person or other witness not to visit the competent official, inquiry official, public prosecutor or not to attend the court to give facts, statement or testimony, or inducing such person to give facts, statement or testimony that is false, or not to give facts, statement or testimony, that is false, or not to give facts, statement or testimony at all, in the criminal proceedings against the offender under this Act;
3. damaging, destroying, losing or rendering useless, taking away, altering, changing, concealing or hiding any document or evidence, or fabricating, making or using any document or evidence that is false in the criminal proceeding against the offender under this Act;
4. giving, offering or agreeing to give property or other benefit to the Committee member, the CMP Committee member, subcommittee member, any member of the working group or to the competent official under this Act, or to judiciary official, public prosecutor, or inquiry official or demanding, accepting, or agreeing to accept a property or any other benefit in order to induce such person to do or not to do any act, or to delay the doing of any act contrary to the duty of such person under this Act;
5. using of force, coercing, threatening, compelling or using any other wrongful means to the Committee member, the CMP Committee member, sub-committee member, any member of the working group or to the competent official under this Act, or to judiciary official, public prosecutor, or inquiry official to induce such person to do or not to do any act, or to delay the doing of any act contrary to the duty of such person under this Act.

Whoever commits the following act shall be liable for the punishment of imprisonment not exceeding five years and a fine not exceeding one hundred thousand Baht, except it is a disclosure in the performance of the duties or according to the law

1. knowing that an application to obtain documents or information under Section 30 is making and disclosing to any other person, who has no duties in connection with that capacity, to know that an application thereof is making or is about to be made, which is likely to prejudice the applicant in obtaining such documents or information; or
2. knowing or obtaining the documents or information under Section 30 and disclosing such documents or information to any other person, who has no duties in connection with that capacity.

Whoever commits or undertake to have the following acts been committed shall be liable for the punishment of imprisonment not exceeding six months or a fine not exceeding sixty thousand Baht, or both;

1. taking a picture, circulating a picture, printing a picture, recording or airing voice of any person, at any stage, which may lead to the identification of the trafficked person;
2. publishing or disseminating the content appearing in the course of inquiry of the inquiry official or the course of hearing of the court, which may make the other person to know the first name and last name of the trafficked person, or the family members of such trafficked person, through whatever type of information communication media;
3. publishing or disseminating the content, picture or voice, through whatever type of information communication media, disclosing history, place of living, place of work or place of education of the trafficked person.

The provision of paragraph one shall not be applied to the acts committed for the interest of government affairs in protecting and assisting the trafficked person or the trafficked person honestly gives the consent thereto.

Transitory Provision

The assistance capital for the prevention and solving the problem of trafficking in persons according to the regulation, prescribed by the Anti-Trafficking in Persons Committee, on the performance and payment for prevention and solving the problem of trafficking in persons, B.E. 2550 (2007), shall be transferred to be an initial capital for the Fund under this Act.

Countersigned by:
Gen. Surayud Chulanont
Prime Minister