Page:พรบ แก้ไขเพิ่มเติม ปอ (๐๕) ๒๕๒๕.pdf/13

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Volume 99, Issue 108
Special Edition, Page 17
Royal Gazette

6 August 2525

If the offence under paragraph 1 is committed against a thing[1] which is a kho,[2] krabue,[3] machine, or engine that a pursuer of a farming occupation possesses for the conduct of farming, the offender shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.

If [any of] the offences as said in this section is committed out of compulsion[4] or unbearable poverty and the thing is of little value, the court may impose upon the offender such punishment as prescribed in section 334."

Section12.The stipulations of section 335bis of the Penal Code, which have been amended by the Act Amending the Penal Code (No. 2), 2512 BE, shall be repealed and replaced by the following stipulations:

"Section335bis.Whoever commits theft of a thing which is a Buddha image or religious object or any part of the said Buddha image or object, shall be punished with imprisonment from three years to ten years and a fine from six thousand baht to twenty thousand baht, if such thing is worshiped by the public or preserved as national treasure.

If the offence under paragraph 1 is committed in a temple, monastery, place of religious respect, historic place which is state property, official place, or national museum, the offender shall be punished with imprisonment from five years to fifteen years and a fine from ten thousand baht to thirty thousand baht."

  1. According to the Royal Society of Thailand (2013), sap (Thai: ทรัพย์; "thing") is a legal term referring to a "corporeal object". The term seems to include animals, as seen in this section which mentions kinds of bovines.
  2. According to the Royal Society of Thailand (2013), kho (Thai: โค) refers to the bovine Bos taurus of the family Bovidae.
  3. According to the Royal Society of Thailand (2013), krabue (Thai: กระบือ) refers to the bovine Bubalus bubalis of the family Bovidae.
  4. The term chamchai (Thai: จำใจ), here translated as "compulsion", is not defined by any dictionary. Etymologically, it is a compound consisting of cham ("to force, to compel, to constrain, etc") and chai ("heart, mind, emotion, etc"). It is a vague term referring to any situation in which a person forces himself to do something he does not want to do. The English draft of this code (Office of the Juridical Council, 1950b, p. 29/88) rendered chamchai as "pressing circumstances".