Translation:Act Amending the Penal Code (No. 18), 2550 BE

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Act Amending the Penal Code (No. 18), 2550 BE (2007)
National Legislative Assembly of Thailand, translated from Thai by Wikisource

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National Legislative Assembly of Thailand2225713Act Amending the Penal Code (No. 18), 2550 BE2007Wikisource

Table of contents

The Act

Preamble

Section

Title
Commencement
Amendment to §1: definition of "passport"
Amendment to §8: Jurisdiction ratione materiae
Insertion of §§269/8 to 269/15: offences relating to passports

Statement of grounds

Act
Amending the Penal Code (No. 18),
2550 BE

Bhumibol Adulyadej R
Given on the 31st day of July 2550 BE
Being the 62nd year of the present reign

Phra Bat Somdet Phra Paramin Maha Bhumibol Adulyadej gives a great royal command by which He orders with His pleasure that it be announced as follows:

Whereas it is appropriate to amend the Penal Code;

Therefore, by and with the advice and consent of the National Legislative Assembly, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Act Amending the Penal Code (No. 18), 2550 BE".

Section2.This Act shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Section3.The following stipulations shall be inserted in the Penal Code as (15) of section 1:

"(15)"passport" means an evidential document of identification which is issued in any form by the Thai Government, a foreign government, or an international organisation to any person to be used for identifying himself during an international travel, and shall also include a document which is used as a substitute for a passport and a passport form in which the information about the passport bearer has not yet been filled".

Section4.The following stipulations shall be inserted in the Penal Code as (2/2) of section 8:

"(2/2)offences relating to passports, as prescribed in section 269/8 through section 269/15".

Section5.The following stipulations shall be inserted in Division 2 Offences, of the Penal Code, as Chapter 5 Offences relating to passports, section 269/8, section 269/9, section 269/12, section 269/11, section 269/12, section 269/13, section 269/14, and section 269/15 of Title 7 Offences relating to forgery and alteration:

"Chapter 5
Offences relating to passports

Section269/8.Whoever forges a passport in whole or in part, causes information to be added to or abridged from or by any means modifies a genuine passport, or affixes a false seal or puts a false signature to a passport in a manner likely to cause injury to another person or the public, shall be punished with imprisonment from one year to ten years and a fine from twenty thousand baht to two hundred thousand baht, if he does so in order to make any person erroneously believe that it is a genuine passport.
Section269/9.Whoever uses or possesses for use a forged passport according to section 269/8 shall be punished with imprisonment from one year to ten years and a fine from twenty thousand baht to two hundred thousand baht.
Whoever disposes of or possesses for disposal a forged passport according to section 269/8 shall be punished with imprisonment from three years to twenty years and a fine from sixty thousand baht to four hundred thousand baht.
The possession of two or more forged passports according to section 269/8 shall, in the first place, be presumed to be the possession for disposal.
If the offender under paragraph 1 or paragraph 2 is the one who forged the passport in accordance with section 269/18, he shall be punished in accordance with this section on a single count only.
Section269/10.Whoever brings into or sends out of the Kingdom a forged passport according to section 269/8 shall be punished with imprisonment from one year to ten years and a fine from twenty thousand baht to two hundred thousand baht.
If the offence under paragraph 1 is committed for disposal, it shall be punished with imprisonment from three years to twenty years and a fine from sixty thousand baht to four hundred thousand baht.

Section269/11.Whoever wrongfully uses a passport of another person in a manner likely to cause injury to another person or the public, shall be punished with imprisonment not over ten years and a fine not over two hundred thousand baht.
Whoever procures a passport for the offender under paragraph 1 shall be punished with the same.
Section269/12.Whoever forges a seal, seal impression, or visa sticker used in a visa process for international travel, shall be punished with imprisonment from one year to ten years and a fine from twenty thousand baht to two hundred thousand baht.
Section269/13.Whoever uses a seal, seal impression, or visa sticker which has been forged in accordance with section 269/12 shall be punished with imprisonment from one year to ten year and a fine from twenty thousand baht to two hundred thousand baht.
If the offender under paragraph 1 is the one who counterfeited the seal, seal impression, or visa sticker in accordance with section 269/12, he shall be punished in accordance with this section on a single count only.
Section269/14.Whoever brings into or sends out of the Kingdom a forged seal, seal impression, or visa sticker as specified in section 269/12 shall be punished with imprisonment from one year to ten years and a fine from twenty thousand baht or two hundred thousand baht.
Section269/15.Whoever, in a manner likely to cause injury to another person or the public, wrongfully uses a genuine seal, seal impression, or visa sticker which is used in a visa process for international travel, shall be punished with two thirds of the punishment prescribed in section 269/13."

Countersignatory:
General Surayud Chulanont
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Whereas now terrorism and transnational crimes have greatly increased in terms of intensity and complexity of forms, in which passports have been used as an instrument of the commission, resulting in an impact upon national security of the Country and international relations, it is appropriate to extend the scope of the offences relating to passports and it is appropriate to designate rates of punishment suitable for the offences. Therefore, it is necessary to enact this Act.

Bibliography

"Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sippaet) Phoso Song Phan Ha Roi Hasip" [Act Amending the Penal Code (No. 18), 2550 BE]. (2007, 15 August). Ratchakitchanubeksa [Royal Gazette], 124(42A), 1–4. (In Thai).

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