Thailand Law Library

by Thailand Lawyer

Chapter 2: Malfeasance in Judicial Office

Any official in the post of a Public Prosecutor, an official conducting cases, an inquiry official, or an official who has the power to investigate the criminal cases or to execute a criminal warrant, wrongfully exercises or does not exercise any of his functions in order to assist any person not to receive punishment or to receive less punishment, shall be punished with imprisonment of six months to seven years and fined of one thousand to fourteen thousand Baht.

If such exercise or non-exercise is to maliciously cause any person to be punished, to be punished heavier or to be subjected to the measures of safety, the offender shall be punished with imprisonment for life or imprisonment of one to twenty years, and fined of two thousand to forty thousand Baht.

Any official in the judicial post, Public Prosecutor, official conducting the cases or the inquiry official, wrongfully to demand, accept or agree to accept the property or any other benefit for oneself or the other person so as to exercise or non-exercise any act shall be imprisoned as from five years to twenty years or life imprisonment and fined as from two thousand Baht to forty thousand Baht, or death.

Whoever, being an official in a judicial post, a Public Prosecutor, an official conducting cases or an inquiry official, exercises or does not exercise any of his functions in consideration of a property or any other benefit which he has demanded, accepted or agreed to accept before his appointment to such post, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fined of two thousand to forty thousand Baht, or death.

Whoever, to be the official having the duty executing the judgment or order of the Court, to prevent or the obstruct the execution of such judgment or order, shall be imprisoned not more of three years or fined not more of six thousand Baht, or both.

Whoever, being an official having the function to control and to take care of any person in lawful custody under the power of the Court, an inquiry official or an official who has the power to investigate the criminal cases, causes, by any means whatever, such person to be released from the custody, shall be punished with imprisonment of one to seven years and fined of two thousand to fourteen thousand Baht.

If the persons so released from the custody be persons sentenced by any Court to death, to imprisonment for life or to imprisonment of fifteen years upwards, or numbering from three persons upwards, the offender shall be punished with imprisonment of two to ten years and fined of four thousand to twenty thousand Baht.

If the offence mentioned in Section 204 is committed by negligence, the offender shall be punished with imprisonment not exceeding two years or fined not exceeding four thousand Baht, or both. If the persons so released from the custody by negligence be persons sentenced by any Court to death, imprisonment for life or imprisonment of fifteen years upwards, or numbering from three persons upwards, the offender shall be punished with imprisonment not exceeding three years or fined not exceeding six thousand Baht, or both. If the offender causes the person released from the custody to be retaken within three months, the punishment inflicted upon the offender shall cease forthwith.