Translation:Anti-Human Trafficking Act, BE 2551 (2008)

by the Government of Thailand

Seal of the Royal Command of Thailand

Anti-Human Trafficking

Act,

BE 2551 (2008)

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Bhumibol Adulyadej, R.

Given under our Hand this 30th Day of January, BE 2551 (2008);

Being the 63rd Year of our Reign.

Phra Bat Somdet Phra Paraminthra Maha Bhumibol Adulyadej is graciously pleased to proclaim that:

Whereas it is desirable to revise the law on measures against trafficking in females and children;

And whereas it is aware that this Act contains certain provisions giving rise to the restriction of personal rights and liberties, in respect of which section 29 incorporating sections 32, 33, 34, 35, 36, 41 and 45 of the Constitution of the Kingdom of Thailand so permit by means of the legal provisions;

Be it enacted by the King's most Excellent Majesty, by and with the advice and consent of the National Legislative Assembly, as follows:

§ 1

This Act shall be cited as the "Anti-Human Trafficking Act, BE 2551 (2008)".

§ 2

This Act shall come into force upon the elapse of one hundred and twenty days from the date of its publication in the Government Gazette.^[1]

§ 3

The Measures against Trafficking in Females and Children Act, BE 2540 (1997), shall be repealed.

§ 4

In this Act:

"Unlawful exploitation" means the seeking of benefit from prostitution, production or distribution of indecent objects or media, taking advantage of other forms of sexual activities, slavery, forced begging, forced labour or service, forcible removal of organs for commercial purposes, or any other similar act giving rise to human exploitation, irrespective of the consent of the victim;

"Forced labour or service" means an act of requiring a person to provide labour or service against his will, by threat of harm against the life, person, personal freedom, reputation or property of such person or of a third person, by whatever kind of coercion, by forcible violence or by placing such person in a state of irresistibility;

"Criminal organ" means a systematised group permanently or provisionally formed by three persons or more in order to commit one offence or more liable to maximum imprisonment for more than four years or offence under this Act, with a view to, either directly or indirectly, obtaining certain proprietary benefits or other benefits which are unlawful, irrespective of whether or not its system is explicit, the roles of its members are firmly defined or the membership of each member is continuous;

"Child" means a person under eighteen years of age;

"Fund" means the Anti-Human Trafficking Fund;

"Commission" means the Anti-Human Trafficking Commission;

"Commissioner" means an Anti-Human Trafficking Commissioner;

"Competent officer" means a superior administrative or police officer, and includes a government officer ranking not lower than third ordinary civil service class, possessing the qualifications determined in a ministerial regulation and authorised by the Minister to enforce this Act;

"Minister" means the Minister in charge of this Act.

§ 5

The President of the Supreme Court of Justice and the Minister of Social Development and Human Security shall be in charge of this Act, pursuant to their respective authority.

For the purpose of enforcing this Act, the President of the Supreme Court of Justice shall be empowered to lay down the ordinances and the Minister of Social Development and Human Security shall be granted empowered to appoint the competent officers and issue the ministerial regulations and rules.

Those ordinances of the President of the Supreme Court of Justice, ministerial regulations and rules shall take effect upon their publication in the Government Gazette.

Chapter 1

General Provisions

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§ 6

Where a person performs any of the following for the purpose of unlawful exploitation:

(1) Procuring, buying, selling, disposing of, bringing from or to any place, restraining, detaining, harbouring or receiving the delivery of any person, by coercion, force, abduction, fraud, deception, abuse of power, or offering of monies or other benefits to a person guarding or taking care of the victim so as to encourage that person to consent to the exploitation of the victim; or

(2) Procuring, buying, selling, disposing of, bringing from or to any place, restraining, detaining, harbouring or receiving the delivery of a child;

The person thereby commits an offence of human trafficking.

§ 7

Any person who commits any of the following shall incur the same penalties as a human trafficker:

(1) Aiding in the commission of an offence of human trafficking;

(2) Patronising a human trafficker by furnishing him with property, meeting place or shelter;

(3) By whatever means assisting a human trafficker in evading arrest;

(4) Soliciting, accepting or agreeing to accept any property or other benefit from a human trafficker, in exchange for assisting the latter in evading the clutches of the law;

(5) Inviting a person to, directing a person to or bringing a person into contact with a criminal organ, for the sake of the commission of an offence of human trafficking.

§ 8

The preparation of the offence under section 6 shall be dealt with by one third of the penalties provided for such offence.

§ 9

Where two persons or more agree to commit the offence under section 6, each of them shall be liable to not more than one half of the penalties provided for such offence.

If one of them starts to commit the offence as agreed, all of them shall also undergo the penalties provided for such offence.

If one of them starts to commit the offence but, due to the prevention by his fellow offender, he does not complete it or, even having completed it, his act leads to no result, the offender making such prevention shall face the penalties pursuant to paragraph 1.

If any of the offenders under paragraph 1 gives up the further execution of the agreement and inform a competent officer of it prior to the commencement of the commission of the offence, the court may impose upon him no penalty at all or the more lenient penalties than those provided for by the law to any extent.

§ 10

In cases the offence under paragraph 6 is committed by three persons or more jointly or by a member of a criminal organ, the penalties provided by the law for such offence shall be aggravated by one half.

In cases the offence under paragraph 6 is committed by a member of a criminal organ, all its members existing at the time of the commission and aware of or consenting to the commission shall be subject to the penalties provided for such offence, even having not committed it in person.

In cases the offence under paragraph 1 is committed for the purpose of subjecting to a third person's unlawful authority the victim who has been brought into or out of the Kingdom, the penalties provided for such offence shall twice be aggravated.

§ 11

Any person who commits the offence under section 6 outside the Kingdom shall incur the penalties under this Act inside the Kingdom. In this respect, section 10 of the Criminal Code shall apply mutatis mutandis.

§ 12

Where a person commits any offence under this Act by pretending to another that he is a public officer and acting as a public officer, without being such public officer and without the authority to so act, the penalties provided for such offence shall twice be aggravated.

§ 13

Where a member of the House of Representatives, senator, local councillor, local administrator, government officer, local government official, official of a state organisation or agency, directing member, administrator or official of a state enterprise, or public officer or directing member of a constitutional organ commits an offence proscribed by this Act, the penalties provided for such offence shall twice be aggravated.

Where any Commissioner, AHTL Commissioner, member of a panel, member of a working committee or competent officer under this Act commits an offence proscribed this Act, the penalties provided for such offence shall thrice be aggravated.

§ 14

The offences under this Act shall constitute the fundamental offences under the Anti-Money Laundering Act, BE 2542 (1999).

Chapter 2

Commissions against Trafficking in Humans

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§ 15

There shall be an Anti-Human Trafficking Commission, called "AHT Commission" in brief. The Commission shall consist of the Prime Minister, as Chairperson; the Deputy Prime Minister heading the AHTS Commission, as Vice Chairperson; the Minister of Defence, the Minister of Foreign Affairs, the Minister of Tourism and Sports, the Minister of Social Development and Human Security, the Minister of Interior, the Minister of Justice, the Minister of Labour, and four qualified persons appointed by the Prime Minister, as Commissioners, said each of the qualified Commissioners being of recognised proficiency and experience in the field of prevention, suppression, rehabilitation and international cooperation concerning human trafficking for a period of not less than seven years, and said not less than one half of them to be from the private sector; the Permanent Secretary for Social Development and Human Security, as Secretary; and the Director General of the Social Development and Welfare Department and the Director of the Office of Welfare Promotion and Protection for Children, Juveniles, Underprivileged Persons and Aged Persons, as Assistant Secretaries.

Not less than one half of the qualified Commissioners under paragraph 1 must be female.

§ 16

The Commission shall be invested with the following authority:

(1) To render to the Council of Ministers the opinions as to the determination of the anti-human trafficking policy;

(2) To render to the Council of Ministers the opinions as to the improvement of the laws, rules or structure of the government agencies dealing with the anti-human trafficking activities, with a view to enhancing the effective enforcement of this Act;

(3) To determine the anti-human trafficking strategy and measures;

(4) To determine and oversee the fulfillment of the international obligations and international cooperation and liaison concerning the anti-human trafficking activities;

(5) To direct and oversee the integrated study, research and database for the anti-human trafficking purposes;

(6) To lay down the rules on the registration of the nongovernmental organs having the anti-human trafficking objectives and on the criteria for the provision of assistance in the activities of those organs;

(7) To, upon approval of the Ministry of Finance, lay down the rules on receipt of money, disbursement, safekeeping, utilisation and administration of the Fund;

(8) To lay down the rules on the reporting of financial status and administration of the Fund in the enforcement of this Act;

(9) To direct and supervise the operations of the AHTL Commission;

(10) To carry out the acts as required by the Council of Ministers.

§ 17

A qualified Commissioner shall hold office for a term of four year.

A qualified Commissioner having retired from office by rotation may be reappointed, but may not hold office for more than two consecutive terms.

§ 18

Apart from the retirement by rotation, a qualified Commissioner shall vacate office upon:

(1) Death;

(2) Resignation;

(3) Removal by the Prime Minister on account of failure of or dishonesty in duty or failure of good behaviour;

(4) Being adjudged bankrupt;

(5) Being adjudged an incompetent or quasi-incompetent person;

(6) Being sentenced to imprisonment by a final judgment, save where the sentence is in consequence of a negligent offence or misdemeanour;

(7) Being absent from a meeting for three consecutive times without reasonable grounds.

§ 19

In cases a qualified Commissioner vacates office prior to an expiry of his term, the Prime Minister shall fill such vacancy with a person of the same qualifications. But if the remaining term of the Commissioner in question is less than ninety days, the office may be left vacant. The successor shall be in office for the remaining term of his predecessor.

§ 20

In cases the office of a qualified Commissioner expires and no new qualified Commissioner is yet appointed, the retired Commissioner shall continue to function until a new Commissioner is appointed.

§ 21

At a meeting of the Commission, the presence of not less than one half of the total Commissioners is required to establish a quorum.

Where the Chairperson is absent or unable to function, the Vice Chairperson shall chair the meeting. If the Vice Chairperson is also absent or incapable of functioning, the present Commissioners shall elect one amongst themselves to preside over the meeting.

A resolution of a meeting shall be passed by a majority of votes. In polling, one Commissioner shall have one vote. In case of tie, the presiding officer shall issue one additional vote as a casting vote.

The Commissioner shall hold at least three meetings a year.

§ 22

There shall be an Anti-Human Trafficking Liaison and Supervision Commission, called "AHTL Commission" in brief. The Commission shall consist of the Deputy Prime Minister designated by the Prime Minister, as Chairperson; the Minister of Social Development and Human Security, as Vice Chairperson; the Permanent Secretary for Foreign Affairs, the Permanent Secretary for Tourism and Sports, the Permanent Secretary for Social Development and Human Security, the Permanent Secretary for Interior, the Permanent Secretary for Justice, the Permanent Secretary for Labour, the Permanent Secretary for Education, the Permanent Secretary for Public Health, the Attorney General, the Commissioner General of the National Police, the Director General of the Department of Provincial Administration, the Director General of the Department of Special Investigation, the Secretary General of the Anti-Money Laundering Commission, the Secretary General of the National Human Rights Commission, the Secretary General of the National Security Council, the Clerk of Bangkok, and eight qualified persons appointed by the Minister, as Commissioners, said each two of the qualified Commissioners being of recognised proficiency and experience in the field of prevention, suppression, rehabilitation and international cooperation concerning human trafficking for a period of not less than seven years, and said not less than one half of them to be from the private sector; and the Deputy Permanent Secretary for Social Development and Human Security, as Commissioner and Secretary.

The AHTL Commission shall be empowered to appoint its own Assistant Secretaries. The Assistant Secretaries may be the government officers or the members of the private sector. Not less than one half of the qualified Commissioners under paragraph 1 must be female.

§ 23

The AHTL Commission shall be given the following authority:

(1) To prepare the operative and cooperative plans of the relevant agencies at the central, provincial, local, community and civil society levels in accordance with the anti-human trafficking policy, strategy and measures, and to oversee their implementation;

(2) To prepare the working plan and guidance for the development of ability of the anti-human trafficking personnel, and to oversee their implementation;

(3) To organise the projects for campaigning for and providing to the general public the education as to the anti-human trafficking, and to oversee their implementation;

(4) To report to the Commission the pursuance and assessment of the implementation of the policy, strategy, measures and enforcement of this Act;

(5) To pursue and report to the Commission the fulfillment of the international obligations, cooperation and liaison dealing with the anti-human trafficking;

(6) To determine the criteria on and to approve the disposal of money and property of the Fund under section 44 (4);

(7) To prepare and oversee the operative plans under this Act, with a view to enhancing the utmost effectiveness of the legal enforcement and to complying with the law on anti-money laundering, law on national anti-corruption and other relevant laws and international obligations;

(8) To carry out the acts as required by the Commission.

§ 24

The provisions of sections 17, 18, 19, 20 and 21 shall apply mutatis mutandis to the holding and vacation of offices of the qualified Commissioners and the meetings of the AHTL Commission.

The AHTL Commission shall hold at least six meetings a year.

§ 25

The Commission and the AHTL Commission may set up the committees or working committees to consider certain matters and render the opinions thereon to them, or to transact certain business as they may require.

Section 21, paragraphs 1, 2 and 3 shall apply mutatis mutandis to the meetings of the committees or working committees.

§ 26

The Permanent Secretariat for Social Development and Human Security shall serve as a secretariat of the Commission and the AHTL Commission. It shall have the following authority:

(1) To carry out general technical business of the Commission and the AHTL Commission;

(2) To be a centre for cooperating and liaising with the relevant government agencies, state agencies and private agencies on the enforcement of this Act at both the national and international levels;

(3) To systematise the anti-human trafficking work and the provision of effective assistance, relief and welfare protection to the victims;

(4) To collect, study and analyse the anti-human trafficking information, and to conduct research for the sake of the enforcement of this Act;

(5) To provide the information and connected database system on the anti-human trafficking activities;

(6) To implement the resolutions of the Commission and the AHTL Commission or to carry out the acts as required by them.

The Permanent Secretariat for Social Development and Human Security shall provide the budgets and personnel sufficient and appropriate for the functions under paragraph 1.

Chapter 3

Authority of Competent Officers

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§ 27

For the purpose of the anti-human trafficking activities, a competent officer shall be invested with the following authority:

(1) To serve on any person a citation by which that person is required to appear and give any statement or deliver any document or evidence;

(2) To search the person of a person reasonably believed to be a victim of an offence of human trafficking, with the consent of such person; prescribed that in cases the person is female, the search must be conducted by another female;

(3) To search any vehicle reasonably believed to be containing any evidence or victim of an offence of human trafficking;

(4) To enter any residence or place, for the purpose of searching for, seizing or attaching certain evidence concerning human trafficking which is reasonable believed to be there, or for the purpose of discovering and assisting a victim of an offence of human trafficking, when, in the course of applying for a warrant of search, the evidence would be removed, concealed or destroyed, or the victim would be attacked, removed or hidden.

In exercising the power under (4), the competent officer must express his faithfulness prior to the search and submit to his superior a written report of the searchable grounds and the outcome of the search. He must also provide a copy of the said report to the possessor of the searched residence or place. If no such person is present, the officer shall deliver the copy to him as quickly as possible. In the event that the search is to be conducted during a period of time from sunset to sunrise, the search must be led by a competent officer who ranks as or from the district chief officer, deputy superintendent of police or civil servant of seventh class, and the leading officer shall also submit a copy of the report of the searchable grounds and the outcome of the search, a list of evidence or victims of offence of human trafficking, and a list of seized or attached property to the provincial court jurisdictional over the locality of the search or to the Criminal Court within forty eight hours following the conclusion of the search.

The competent officer may delegate the execution of (2) and (3) to his subordinate.

In discharging his duty under this Act, a competent officer may seek assistance from a local person, but the officer may not compel him to give such assistance in a manner likely to imperil himself.

§ 28

In performing his duties under this Act, a competent officer must produce his competent officer identity card to the persons concerned.

The form of a competent officer identity card shall be determined by the Minister and published in the Government Gazette.

§ 29

In case of necessity for seeking for the facts as to human trafficking and protecting a person reasonably believed to be a victim of an offence of human trafficking, a competent officer may take the said person into custody for a period of not more than twenty four hours, and shall immediately inform of the custody the Commissioner General of the National Police, Director General of the Department of Special Investigation, Director General of the Department of Social Development and Welfare or provincial governor, as the case may be.

In cases the custody of the person likely to be a victim is needed to take place for more than the time limit under paragraph 1, the competent officer shall apply to the court for permission. The court may only permit the custody for a period of not exceeding seven days, and may also lay down certain conditions.

In taking into custody the person likely to be a victim pursuant to this section, the person must be kept in a proper place other than a penal chamber or institution, subject to the rules laid down by the Minister.

In rendering the duty under this section, the principles of human rights shall strictly be adhered to.

§ 30

Where there is a reasonable belief that any document or other information communicated through postal service, telegraph, telephone, facsimile, computer, electronic instrument or application or any other information medium is or may be used in the commission of an offence of human trafficking, a competent officer, upon written approval of the Commissioner General of the National Police, Director General of the Department of Special Investigation or provincial governor, whichever applies, may file with the Criminal Court or jurisdictional provincial court an application ex parte for permission to obtain the said document or information, subject to the criteria and procedure set forth in an ordinance of the President of the Supreme Court of Justice.

In granting permission under paragraph 1, the court shall take into account the impacts on the right of privacy or any other right and the following grounds of necessity:

(1) It is reasonably believed that an offence of human trafficking is or is to be committed;

(2) It is reasonably believed that certain particulars as to an offence of human trafficking will be obtained following the access to the information in question;

(3) No any other appropriate or effective means may be undertaken.

The court may, by order, grant permission pursuant to paragraph 1 for a period of not exceeding ninety days, and may also lay down certain conditions. The persons in connection with the document or information in question shall cooperate on the enforcement of this section. If, following the order of permission, there appear the facts that the grounds of necessity have not been met or the circumstances have changed, the court shall be competent to modify the order as it finds expedient.

In executing the court order, the competent officer shall be empowered to request any person to assist in his performance of duty. Upon having transacted the business as permitted, the competent officer shall draw up a detailed record of its outcome and without delay submit the record to the court issuing the order.

All documents or information obtained according to paragraph 1 shall be placed in safekeeping and may only be used in an investigation and as evidence in the prosecution of an offence of human trafficking, subject to the rules laid down by the Minister.

§ 31

Prior to entering a charge in court, if it is necessitated by the protection and prevention of human trafficking, a public prosecutor, either on his own impulse or upon a request of a judicial police officer, may petition the court for the immediate taking of evidence, said the public prosecutor bringing the victim or witness to the court and demonstrating to it the circumstances as to the commission of the offence and the grounds for such necessity.

In cases the victim or witness wishes to give a statement to the court in person, he shall inform the public prosecutor of his wish and the public prosecutor shall without delay file a petition with the court.

The court shall hold the taking of evidence immediately after having received the petition under paragraph 1 or 2. In this respect, if any interested person petitions the court for a cross-examination or for appointment of a counsel to conduct a cross-examination, said the interested person demonstrating to the court the grounds and necessity therefor, the court may grant the petition as it finds expedient. And the provisions of section 237 bis, paragraphs 3 and 4, of the Code of Criminal Procedure shall apply mutatis mutandis.

If a case is later brought against the accused on account of any offence proscribed by Chapter 1, the said evidence shall be admissible in the trial and adjudication of such case.

§ 32

In executing their duties under this Act, the competent officers shall be the public officers under the Criminal Code.

Chapter 4

Provision of Assistance to and Protection of Welfare of

Victims of Human Trafficking

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§ 33

The Minister of Social Development and Human Security shall provide to the victims of the offences of human trafficking appropriate assistance in relation to food, residence, medical treatment, physical and mental rehabilitation, education, training, legal aid, return to country of origin or domicile, and action for compensation, subject to the rules laid down by the Minister who shall be mindful of the victims' human dignity and different sex, age, nationality, race, traditions and culture, the giving of a notice of right to protection prior to, during and following the assistance to the victims, the time limit for each stage of assistance and the victims' right to be heard first.

In providing assistance under paragraph 1, a victim may be committed to a detention centre under the law on anti-prostitution, detention centre under the law on child protection or other public or private foster institution.

§ 34

For the purpose of providing assistance to a victim, a judicial police officer or public prosecutor shall, at the earliest occasion, inform the victim of the right to claim compensation in consequence of an offence of human trafficking and the right to legal aid.

§ 35

In cases a victim has and wishes to exercise the right to claim compensation in consequence of an offence of human trafficking, a public prosecutor shall enter on behalf of the victim an action for compensation according to a submission of the Permanent Secretary for Social Development and Human Security or his designee.

The public prosecutor may enter an action for compensation under paragraph 1 together with a criminal charge or at any time in the course of the criminal trial before the court of first instance. A judgment on compensation shall be part of that on criminal matters. And in cases the court grants compensation, it shall be taken that the victim is a judgment creditor and the Director General of the Department of Legal Execution shall also bear the duty to execute this judgment.

No costs may be demanded in respect of the proceedings for compensation under paragraph 1 and the execution proceedings under paragraph 3. And the provisions of the Code of Criminal Procedure shall apply mutatis mutandis to the extent not contrary to or inconsistent with the provisions of this Act.

§ 36

A competent officer shall provide protection to a victim in custody, irrespective of the latter's residence prior to, during or following the proceedings. In this respect, regard shall also be paid to the safety of his family members.

In cases a victim is to give a statement or testimony as a witness in respect of an offence of human trafficking under this Act, he shall be entitled to the protection under the law on criminal witness protection.

In cases a victim needs to return to his country of origin or domicile or in cases his family member resides in a foreign country, a competent officer shall cooperate with the domestic agencies of such country on the provision of continuous protection to the victim and his family member in that country, whether the said agencies are public or private, and whether or not such cooperation is to be made through an embassy or consulate in the country.

§ 37

For the purpose of a prosecution against an offender under this Act, as well as the medical treatment, rehabilitation and exercise of rights of a victim, a competent officer may institute an action for extension of the victim's provisional residency in the Kingdom and for permission of the victim's provisional employment pursuant to the laws. In this respect, the humanity-based reasons shall be upheld.

§ 38

Subject to section 37, a competent officer shall send a victim who is an alien back to his country of origin or domicile without delay, save where the victim is permitted to reside in the Kingdom pursuant to the law on immigration or is specially granted an extension of residency by the Minister of Interior and obtains documentary evidence under the law on civil registration or law on alien registration.

In enforcing paragraph 1, the safety and welfare of the victim shall be taken into account.

§ 39

In cases a Thai national becomes a victim of an offence of human trafficking committed in a foreign country and he wishes to return to the Kingdom or another place of residence, a competent officer shall hold an examination as to whether he is actually a Thai national. If the victim's Thai nationality is verified, the competent officer shall undertake the necessary measures to bring him back to the Kingdom or his place of residence without delay and shall be mindful of his safety and welfare.

In cases a person victimised in a foreign country is an alien who has been permitted to reside in the Kingdom according to the law on immigration or has specially been granted an extension of residency by the Minister of Interior and in respect of whom the residency has not yet expired prior to leaving the Kingdom, if the victim bears certain documentary evidence and wishes to return to the Kingdom, a competent officer, having held an examination to verify such evidence, shall undertake the necessary measures to bring the victim back to the Kingdom without delay and shall be mindful of his safety and welfare. The victim shall be permitted to reside in the Kingdom according to the status and period of his residency existing prior to his leaving the Kingdom.

In cases a person victimised in a foreign country is an alien without any identity document, but there is a reasonable belief that he has or had have a lawful domicile or residence in the Kingdom, if the victim wishes to return to the Kingdom, a competent officer, having held an examination to verify such domicile or residence, shall undertake the necessary measures to bring the victim back to the Kingdom without delay and shall be mindful of his safety and welfare. The victim shall be permitted to reside in the Kingdom according to the status and period of his residency existing prior to his leaving the Kingdom.

§ 40

The Ministry of Social Development and Human Security shall draw up and submit to the Council of Ministers an annual report on the situations, number of cases, operations of the relevant agencies and guidance of future work concerning the anti-human trafficking.

§ 41

Unless endorsed in writing by the Minister of Justice, no judicial police officer may institute a prosecution against a victim on account of an offence of entering, leaving or residing in the Kingdom without permission as proscribed by the law on immigration, offence of giving false information to a public officer, forging a passport or uttering a forged passport as proscribed by the Criminal Code, offence under the law on anti-prostitution, only in respect of the act of bringing into contact, offering invitation to, making introduction to or importuning another person for prostitution purposes and the act of gathering in a house of ill fame for prostitution purposes, or offence of being an alien and assuming employment without permission as proscribed by the law on alien employment.

Chapter 5

Anti-Human Trafficking Fund

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§ 42

A fund, called "Anti-Human Trafficking Fund," shall be established in the Ministry of Social Development and Human Security, for the purpose of dealing with the outlays accruing from the anti-human trafficking activities and from the administration of the Fund itself. The Fund shall consist of:

(1) The initial capitals provided by the Government;

(2) The subsidies granted by the Government out of the annual expenditure budgets;

(3) The money or property donated or dedicated to the Fund;

(4) The money granted by foreign states or international organisations;

(5) The fruits and benefits accruing from the Fund;

(6) The money obtained from selling property of the Fund or from profitable activities;

(7) The money or property vested in or granted to the Fund by virtue of other laws.

§ 43

The money received by the Fund in pursuance of section 42 and its fruits need not to be delivered to the Ministry of Finance as public revenues.

§ 44

The money and property of the Fund shall be disbursed for the following purposes:

(1) The provision of assistance to the victims pursuant to section 33;

(2) The provision of protection to the victims pursuant to section 36;

(3) The undertaking of certain measures to bring the persons victimised in the foreign countries back to the Kingdom or their places of residence pursuant to section 39;

(4) The anti-human trafficking activities, subject to the rules laid down by the AHT Commission;

(5) The administration of the Fund.

§ 45

There shall be a Fund Administration Committee consisting of: the Permanent Secretary for Social Development and Human Security, as chairperson; the Permanent Secretary for Foreign Affairs, the Permanent Secretary for Justice, the representatives of the Bureau of Budget, the representatives of the Department of the Comptroller General, and three qualified persons appointed by the Commission, as members, said two of the qualified persons being the representatives of the private sector carrying out activities in the field of social development, social work, prevention and suppression of human trafficking or finance; and the Deputy Permanent Secretary for Social Development and Human Security designated by the Permanent Secretary for the same, as member and secretary.

§ 46

Sections 17, 18, 19, 20, 21 and 25 shall apply mutatis mutandis to the holding and vacation of offices of the qualified members, the meetings of the Fund Administration Committee and the appointment of its subcommittees.

§ 47

The Fund Administration Board shall be given the following authority:

(1) To approve the disbursement of money under section 44;

(2) To administer the Fund in accordance with the rules laid down by the Commission;

(3) To report the financial status and administration of the Fund to the Commission, subject to the rules laid down by the Commission.

§ 48

The receipt, disbursement and keeping of money, organisation of profitable activities and administration in relation to the Fund shall be subject to the rules laid down by the Commission upon approval of the Ministry of Finance.

§ 49

There shall be a Fund Administration Pursuance and Assessment Committee consisting of five members, that is, the chairperson and the qualified members appointed by the Commission. The qualified members shall possess the knowledge, ability and experience in the fields of finance, social work and assessment, said at least one of them being from each of the said fields. And the Deputy Permanent Secretary for Social Development and Human Secretary designated by the Permanent Secretary for the same shall serve as a member and secretary.

The provisions of sections 17, 18, 19, 20 and 21 shall apply mutatis mutandis to the holding of offices, vacation of offices and conduct of meetings of the Fund Administration Pursuance and Assessment Committee.

§ 50

The Fund Administration Pursuance and Assessment Committee shall have the following authority:

(1) To pursue, scrutinise and assess the administration of the Fund;

(2) To submit to the Commission the outcomes of its work and the recommendations concerned;

(3) To direct any person to furnish it with certain documents or evidence concerning the Fund or to appear and state certain facts for the sake of an assessment.

§ 51

The Fund Administration Committee shall, within one hundred and twenty days from the final date of each fiscal year, draw up the balance sheet and operation accounts and submit them to the State Audit Office for audit and approval.

The State Audit Office shall, within one hundred and fifty days from the final date of each fiscal year, draw up a report on audit and approval of the balance sheet and operation accounts of the Fund and submit it to the Commission for acknowledgement.

The Minister shall present the audit account under paragraph 2 to the Prime Minister who shall further forward it to the House of Representatives and the Senate for acknowledgement and publish it in the Government Gazette.

Chapter 6

Penal Provisions

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§ 52

Any person who commits an offence of human trafficking shall be liable to imprisonment from four years to ten years and a fine from eighty thousand baht to two hundred thousand baht.

If the offence under paragraph 1 is committed on a person over fifteen years of age and under eighteen years of age, the offender shall be liable to imprisonment from six years to twelve years and a fine from one hundred thousand baht to two hundred and forty thousand baht.

If the offence under paragraph 1 is committed on a person under fifteen years of age, the offender shall be liable to imprisonment from eight years to fifteen years and a fine from one hundred and sixty thousand baht to three hundred thousand baht.

§ 53

Any legal person who commits an offence of human trafficking shall be liable to a fine from two hundred thousand baht to one million baht.

In case of a legal person being an offender, if its criminal conduct is in consequence of an instruction or act of any person or the failure of a managing director or person responsible for the operation of the legal person to give a required instruction or to perform a required act, such person shall be liable to imprisonment from six years to twelve years and a fine from one hundred and twenty thousand baht to two hundred and forty thousand baht.

§ 54

Any person who commits any of the following for the purpose of obstructing the smooth investigation, inquiry, institution or conduct of a human trafficking case shall be liable to imprisonment for not more than ten years, or a fine of not exceeding two hundred thousand baht or both:

(1) Offering, asking to offer or agreeing to offer any property or other benefit to a victim or witness, with a view to encouraging him to refrain from meeting with a competent officer, judicial police officer or public prosecutor or from attending court to state certain facts or give a testimony before it, encouraging him to give a false statement or testimony, or encouraging him to give no any statement or testimony, in respect of a prosecution against an offender under this Act;

(2) By force, threat, coercion, intimidation, deceit or other unlawful act, causing a victim or witness not to meet with a competent officer, judicial police officer or public prosecutor or not to attend court to state certain facts or give a testimony before it, causing him to give a false statement or testimony, or causing him to give no any statement or testimony, in respect of a prosecution against an offender under this Act;

(3) Damaging, destroying, causing to be lost or useless, taking away, modifying, altering, hiding or concealing any document or evidence, or forging any document or evidence, or drawing up or uttering any false document or evidence, in respect of a prosecution against an offender undet this Act;

(4) Offering, asking to offer or agreeing to offer any property or other benefit to a Commissioner, AHTL Commissioner, panel member, working committee member or competent officer under this Act, or a judicial officer, public prosecutor or judicial police officer, or soliciting, accepting or agreeing to accept any property or benefit, for the purpose of encouraging such officer to perform, refrain from or delay an act in breach of his duty set forth in this Act; or

(5) By force, threat, coercion, intimidation or other unlawful act, causing a Commissioner, AHTL Commissioner, panel member, working committee member or competent officer under this Act, or a judicial officer, public prosecutor or judicial police officer to perform, refrain from or delay an act in breach of his duty set forth in this Act.

§ 55

Any person who commits any of the following shall be liable to imprisonment for not more than five years or a fine of not exceeding one hundred thousand baht, save where the revelation is made in the execution of a duty or law:

(1) Having learnt that an application is made for any document or information under section 30, revealing such application to a person without relevant duty, in such a manner likely to render void the applicant's opportunity to obtain the document or information in question; or

(2) Having learnt or obtained the contents of any document or information under section 30, revealing them to a person without relevant duty.

§ 56

Any person who commits or causes to be committed any of the following shall be liable to imprisonment for not more than six months, or a fine of not exceeding sixty thousand baht or both:

(1) Recording, distributing or publishing picture, or recording or distributing voices or other media capable of identifying a victim of an offence of human trafficking, irrespective of to whatever extent the act has progressed;

(2) Publishing or making available any information derived from an investigation of a judicial police officer or trial of a court and capable of identifying the first name or family name of a victim of an offence of human trafficking or his family member, irrespective of through whatever medium the act has been done;

(3) Publishing or making available any information, picture or voice capable of revealing the background, place of residence, place of work or place of education of a victim of an offence of human trafficking, irrespective of through whatever media the act has been done.

The provisions of paragraph shall be inapplicable in cases the act is required for the sake of a government agency in providing protection or assistance to the victim or is permitted by the victim of his own volition.

Transitory Provisions

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§ 57

The assistance money for prevention and resolution of human trafficking problems under the Rules of the Anti-Human Trafficking Commission on Operations and Disbursement of Money for Prevention and Resolution of Human Trafficking Problems, BE 2550 (2007), shall be transferred to the Fund under this Act as its initial capital.

Countersigned by:

General Surayud Chulanont,

Prime Minister.

Statement of Grounds

The grounds for promulgation of this Act are as follows: The penal provisions of the Measures against Trafficking in Females and Children Act, BE 2540 (1997), failed to cover the act of unlawful exploitation of persons not limited to females and children and the acts done in the more complicated ways, for instance, the bringing of persons into the Kingdom for prostitution and out of the Kingdom for trade, forced labour, service or begging, forced removal of organs for commercial purposes or other forms of unlawful exploitation currently more capable of being conducted by the transnational criminal organs. Also, Thailand has now signed the Convention on Transnational Organised Crime, and the Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children, supplementary to such United Nations Convention. It is expedient to make the penal provisions covering the said acts, so that the anti-human trafficking activities would be more effective and in accordance with the Convention and Protocol, as well as to establish an anti-human trafficking fund and to improve the measures for providing assistance to and protecting welfare of the victims for their utmost benefits. It is therefore necessary to enact this Act.

Footnotes

1. Published in the Government Gazette: volume 125/part 29 A/page 28/6 February 2008.

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