Template:Criminal Code of Thailand/2-6
Chapter 2
Application of Criminal Law
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§ 2
An act may only be punished if criminal liability had been established and penalty had been determined by the law which is in force at the time of the act. The penalty to be inflicted must be that which had been prescribed by such law.
If, according to the subsequent law, the act does not constitute an offence any further, the person having performed such act shall be relieved of the guilt. If a final judgment of conviction has already been rendered, it shall be taken that the convict has never been held guilty by such judgment. If he is incurring any penalty, his penalty shall come to an end.
§ 3
If the law in force at the time of the act differs from the law subsequently coming into force, that which, in any way whatsoever, is of the best benefit to the offender shall apply, save where the case against him has already been final. But, even the case has become final:
(1) If the offender does not yet incur any penalty or is incurring it and the penalty determined by the judgment is more serious than that imposable under the subsequent law, the court, either on its own motion or at the request of the offender himself, his legal representative or custodian or a public prosecutor, shall render a new sentence in accordance with the subsequent law. In rendering the new sentence, if it appears that the offender has partially incurred the penalty, the court, taking into consideration the penalty imposable under the subsequent law and deeming appropriate, may impose a more lenient penalty than the minimum rate prescribed by the subsequent law, if any, or the court, finding that the offender has sufficiently incurred the penalty, may set him at liberty.
(2) Or if a judgment of death has been rendered and the penalty imposable pursuant to the subsequent law is not serious to the extent of death, then the enforcement of the judgment of death shall be stayed and the death penalty imposed shall be deemed to have been changed to the most serious penalty imposable under the said subsequent law.
§ 4
Law shall apply to acts performed inside the Kingdom.
An act performed on board a Thai ship or Thai aircraft, irrespective of wherever it is, shall be deemed to be performed inside the Kingdom.
§ 5
The act shall be deemed to be performed inside the Kingdom even it is partially performed inside the Kingdom, or if its result occurs inside the Kingdom in conformity with the intent of the offender or if, by nature of the act, its result ought to occur inside the Kingdom or it could be conjectured that such result would occur inside the Kingdom.
As regards an act prescribed by law to be contributable to an offence, the preparation or attempt shall be deemed to be committed inside the Kingdom if the act is committed to the stage of completion, its result would occur inside the Kingdom, even in reality such preparation or attempt is committed outside the Kingdom.
§ 6
With respect to an offence committed or deemed by this Code to be committed inside the Kingdom, the act of the principal, aider or abettor shall be deemed to be performed inside the Kingdom also, even in reality such act is performed outside the Kingdom.