Translation:Act Amending the Penal Code (No. 19), 2550 BE
Act
Amending the Penal Code (No. 19),
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. 19), 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 stipulations of section 276 of the Penal Code, which has been amended by the Act Amending the Penal Code (No. 5), 2525 BE, and section 277 of the Penal Code, which has been amended by the Act Amending the Penal Code (No. 8), 2530 BE, shall be repealed and replaced by the following stipulations:
"Section276.Whoever forcibly commits intercourse with another person by threatening in any manner, by exercising forcible violence, whilst the latter is being in a state of irresistibility, or by making the latter mistake him for a different person, shall be punished with imprisonment from four years to twenty years and a fine from eight thousand baht to forty thousand baht.
The intercourse under paragraph 1 refers to the doing [of any act] for satisfying the desire of the doer, in which the sex organ of the doer is used against the sex organ, anus, or oral cavity of another or any other thing is used against the sex organ or anus of another.
If the offence under paragraph 1 is committed whilst having or by using a firearm or explosive, or through a joint action characteristic of gang rape against a woman or action of identical characteristics against a man, it shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht, or life imprisonment.
If the offence under paragraph 1 is committed between spouses and those spouses still wish to live and cohabit together as husband and wife, the court may impose a punishment lighter in any degree than that designated by the law or may designate conditions for supervision of behaviour instead of imposing a punishment. In the event that the court gives a judgment imposing imprisonment and either spouse does not wish to live and cohabit with the other as husband and wife any longer and wishes for divorce, that spouse shall notify the court and the court shall notify a public prosecutor to institute a divorce action.
Section277.Whoever commits intercourse with a child aged still not over fifteen years who is not his own wife or her own husband, whether with or without the consent of that child, shall be punished with imprisonment from four years to twenty years and a fine from eight thousand baht to forty thousand baht.
The intercourse under paragraph 1 refers to the doing [of any act] for satisfying the desire of the doer, in which the sex organ of the doer is used against the sex organ, anus, or oral cavity of another or any other thing is used against the sex organ or anus of another.
If the offence under paragraph 1 is committed against a child aged still not over thirteen years, it shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.
If the offence under paragraph 1 or paragraph 3 is committed through a joint action characteristic of gang rape against a girl or action of identical characteristics against a boy and without the consent of the girl or boy, or is committed whilst having a firearm or explosive or by using a weapon, it shall be punished with life imprisonment.
As for the offence prescribed in paragraph 1, if it is committed by a person aged not over eighteen years against a child whose age is over thirteen years but still not over fifteen years with the consent of that child and the court later permits the two to marry each other, the offender shall no longer be punished. If the court permits the marriage whilst the offender is being punished for the offence, the court shall release that offender."
Section4.The stipulations of section 286 of the Penal Code, which has been amended by the Act Amending the Penal Code (No. 5), 2525 BE, shall be repealed and replaced by the following stipulations:
"Section286.Whoever aged above sixteen years lives on the income of a prostitute, even in part, shall be punished with imprisonment from seven years to twenty years and a fine from fourteen thousand baht to forty thousand baht, or life imprisonment.
Whoever has no other apparent means of living or has no sufficient means of living and falls under any of the following circumstances shall be deemed to live on the income of a prostitute, save where he provides a satisfactory proof that it is not so:
(1)being together with or associating with one or several prostitutes habitually;
(2)being accommodated or receiving money or other benefit furnished by a prostitute;
(3)intervening to help a prostitute in his quarrel or dispute with his client.
The provisions of this section shall not apply to a person receiving maintenance from a prostitute who is legally or morally obliged to provide such maintenance."
General Surayud Chulanont
Prime Minister
Note: The grounds for promulgation of this Act are as follows: Whereas section 3 of the Constitution of the Kingdom of Thailand (Interim), 2549 Buddhist Era, offers protection to the human dignity, rights, freedoms, and equality which have been protected for the Thai people according to the customs of the administration of Thailand under a regime of democracy with a Monarch as Head [of State], but the provisions of section 276, section 277, and section 286 of the Penal Code give rise to unfair discrimination against persons by reason of sex-related differences, it is appropriate to modify the said provisions in line with the principle of equal rights of men and women and the principle of prohibition of unfair discrimination against persons by reason of sex-related differences, which have been protected according to the customs of the administration of Thailand under a regime of democracy with a Monarch as Head [of State]. Therefore, it is necessary to enact this Act.
Bibliography
[edit]- "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Sipkao) Phoso Song Phan Ha Roi Hasip" [Act Amending the Penal Code (No. 19), 2550 BE]. (2007, 19 September). Ratchakitchanubeksa [Royal Gazette], 124(56A), 1–4. (In Thai).
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