Thailand Law Library

by Thailand Lawyer

Chapter 2: Malfeasance In Office

Whoever, to be official damaging, destroying, concealing, taking away, losing or rendering useless any of property or document of which to be one self’s duty to take charge or maintain, or allowing the other person doing so, shall be imprisoned not out of seven years and fined not out of fourteen thousand Baht.

Whoever, being an official having the duty of looking after and keeping anything or document, wrongfully does an act by removing, damaging, destroying or rendering useless a seal or mark stamped or affixed by the official on such thing or document in the exercise of his functions as evidence of seizing or keeping such thing, or allows the other person to do so shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Whoever, being an official having the duty of keeping or using seals or impressions of the seals of the official service or another person, wrongfully does an act by using such seals or impressions of the seal, or allows the other person to do so to the injury of another person or the public, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Whoever, to be official to have the duty to make the document, to fill the contents in the document or to look after and to keep the document, to forge the document by virtue of the opportunity in exercising one self’s, functions, shall be imprisoned not out of ten years and fined not out of twenty thousand Baht.

Whoever, being an official having the duty of making a document, receiving a document or filling the contents in a document does any of the following acts in exercising his functions:

1. To certify that he has done any act or that any act has been done in his presence, which is false;
2. To certify that there is information of a matter of which there is no information;
3. To omit to record a matter which he has the duty to record, or to make alteration of such matter in recording it; or
4. To certify the fact which the document intends to prove as the truth, which is false,

Shall be punished with imprisonment not exceeding seven years and fine not exceeding fourteen thousand Baht.

Whoever, being an official having the duty in the post, telegraph or telephone service, wrongfully does any of the following acts:

1. Breaking open or allowing the other person to break open the letter or other thing sent by post or telegraph;
2. Damaging, destroying, losing or allowing the other person to damage, destroy or lose the letter or other thing sent by post or telegraph;
3. Detaining, sending astray or delivering to another person to whom he knows not to be addressed the letter or other thing sent by post or telegraph; or
4. Disclosing any information sent by post, telegraph or telephone,

Shall be punished with imprisonment not exceeding five years or fine not exceeding ten thousand Baht, or both.

Whoever, being an official, wrongfully does any act so that the other person may have the knowledge of the official secret which is known or may be known to him, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

Whoever, to be official to have the duty to execute the law or order given for executing the law, to prevent or to obstruct the execution of such law or order, shall be imprisoned not out of one year or fined not out of two thousand Baht, or both.

Whoever, being an official, deserts work, or does any act so that the work is interrupted or damaged, by jointly participating with other persons numbering together from five persons upwards, shall be punished with imprisonment not exceeding five years or fined not exceeding ten thousand Baht, or both.

If such offence is committed in order to bring about a change in the Laws of the Country, to coerce the Government or to intimidate the public, the offender shall be punished with imprisonment not exceeding ten years and fined not exceeding twenty thousand Baht.