Translation:Act Amending the Penal Code (No. 10), 2484 Buddhist Era
Act
Amending the Penal Code (No. 10),
2484 Buddhist Era
In the name of Somdet Phra Chaoyuhua Ananda Mahidol
The Council of Regency
(according to the announcement of the President of
the House of Representatives dated 4 August 2480 Buddhist Era)
Aditya Dibabha
Gen Phitchayenyothin
Enacted on the 8th day of September 2484 Buddhist Era
Being the 8th year of the present reign
Whereas the House of Representatives has resolved that it is appropriate to amend certain sections of the Penal Code;
Therefore, by and with the advice and consent of the House of Representatives, a great royal command is given that the following Act be enacted:
Section1.This Act shall be called the "Act Amending the Penal Code (No. 10), 2484 Buddhist Era".
Section2.This Act shall come into force from the day of its publication in the Royal Gazette onwards.
Section3.The stipulations of section 105 to section 111 in Chapter 3 offences of external treason, of Part 1 of offences of violence against His Majesty the King and His Kingdom, of the Penal Code, shall be repealed and replaced by the following stipulations:
"Chapter 3
Offences of external treason
Section105.Whoever commits any act to bring the Kingdom or any part of the Kingdom under the sovereign power of a foreign state or to impair the independence of the State, shall be held guilty and be punished with death or life imprisonment.
Section105bis.Any Thai who combats the Country or joins an enemy of the Country shall be held guilty and be punished with death or life imprisonment.
Section105ter.Whoever commits any act to support a combating operation of an enemy shall be held guilty and be punished with imprisonment from five years to fifteen years and a fine from five hundred baht to five thousand baht.
If such support is an act of—
(1)causing a fortress, camp, airport, warcraft, vehicle, communication route, communication instrument, weaponry, food supply, dock, building, or any other thing used for warfare to be invalid, to be unusable, or to fall into the hands of an enemy;
(2)inciting a military officer, police officer, or officer to neglect a duty, desert, or infringe discipline;
(3)espionage; leading or guiding the way for an enemy; or
(4)allowing an enemy to gain the upper hand in combat;
the offender shall be held guilty and be punished with death or life imprisonment.
Section105quater.Whoever receives or agrees to receive any property or benefit for himself or another person from a foreign state in exchange for doing any act which is hostile to the State, shall be held guilty and be punished with death or life imprisonment.
The person who gives or agrees to give the property or benefit shall be held guilty and be punished with the same.
Section105quinquiens.Whoever forges, detains, hides, conceals, removes, or causes to be lost any document, form, or paper which relates to a concern in international politics, shall be held guilty and be punished with imprisonment from one year to fifteen years and a fine from one hundred baht to five thousand baht.
Section106.Whoever commits any act to obtain any information, document, or thing concealed as a secret for the safety of the Country shall be held guilty and be punished with imprisonment of not over ten years and a fine of not over five thousand baht.
Section107.Whoever reveals any information, document, or thing concealed as a secret for the safety of the Country shall be held guilty and be punished with imprisonment of not over ten years and a fine of not over five thousand baht.
If such offence is committed whilst the Country is in a state of combat or war, the offender shall be punished with imprisonment from five years to fifteen years and a fine from five hundred baht to five thousand baht.
If [either of] the offences as said in the two previous paragraphs is committed to benefit a foreign state, the offender shall be punished with death or life imprisonment.
Section108.Whoever, having been entrusted by the Government with executing an affair of the State with a foreign government, fails to do the act as entrusted and is dishonest in doing so, shall be held guilty and be punished with imprisonment from three years to fifteen years and a fine from five hundred baht to five thousand baht.
Section109.Whoever commits any act to bring about to the Country an unfavourable incident from the external, shall be held guilty and be punished with imprisonment from one year to fifteen years and a fine from one hundred baht to five thousand baht.
If the unfavourable incident occurs, the offender shall be punished with death or life imprisonment.
Section110.Whoever prepares or attempts to commit any offence under this chapter shall be held guilty and be punished with the punishment prescribed for such offence.
Section111.Whoever aids in any offence under this chapter shall be punished in the same manner as the principal in such offence."
Phibunsongkhram
Prime Minister
The provisions of section 105 through section 111 in Chapter 3 of Part 1 of offences of violence against His Majesty the King and His Kingdom, of the present Penal Code, which deal with the offences of external treason, still contain imperfect contents. For instance, failure to comply with contracts concluded with public agencies or receipt of benefit from foreign states and conduct of hostile actions against the state policy in time of war, etc, have not yet been prescribed to be specific offences. Consequently, this Act Amending the Penal Code (No. 10), 2484 BE, is enacted for amending the provisions relating to the offences of external treason in order to enhance their perfection and heighten their punishments to suit their gravity.
Bibliography
[edit]- "Phra Ratcha Banyat Kaekhaiphoemtoem Kotmai Laksana Aya (Chabap Thi Sip) Phutthasakkarat Song Phan Si Roi Paetsip Si" [Act Amending the Penal Code (No. 10), 2484 Buddhist Era]. (1941, 11 September). Ratchakitchanubeksa [Royal Gazette], 58, 1136–1142. (In Thai).
This work is a translation and has a separate copyright status to the applicable copyright protections of the original content.
| Original: |
This work is in the public domain worldwide because it originated in Thailand and is a work under section 7(2) of Thailand's Copyright Act, 2537 BE (1994) (WIPO translation), which provides:
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| Translation: |
I, the copyright holder of this work, hereby release it into the public domain. This applies worldwide. In case this is not legally possible: I grant anyone the right to use this work for any purpose, without any conditions, unless such conditions are required by law.
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