Translation:Act Amending the Penal Code (No. 6), 2526 BE

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Act Amending the Penal Code (No. 6), 2526 BE (1983)
National Assembly of Thailand, translated from Thai by Wikisource
Errata
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National Assembly of Thailand3703616Act Amending the Penal Code (No. 6), 2526 BE1983Wikisource
Table of contents 
The Act
Preamble
Section
  1. Title
  2. Commencement
  3. Amendment to §51: prohibition of increase of punishment
  4. Amendment to §91: cumulative sentences
Statement of grounds
​
Seal of the Royal Command
Seal of the Royal Command

Act
Amending the Penal Code (No. 6),
2526 BE

Bhumibol Adulyadej R
Given on the 28th day of March 2526 BE
Being the 38th 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 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. 6), 2526 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 51 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 11 November 2514 BE, shall be repealed and replaced by the following stipulations:

"Section51.In increasing a punishment, it shall not be increased up to death, life imprisonment, or imprisonment over fifty years."

Section4.The stipulations of section 91 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, shall be repealed and replaced by the following stipulations:

"Section91.When it appears that any person has committed an act constituting several and different counts of offences, the court shall punish him on every count constituted by the act. However, regardless of whether or not a punishment has been increased or decreased or the scale of punishment has also been decreased, when the punishments for all the counts are summed up, the total imprisonment must not be over the following terms:

(1)ten years, in the event that the maximum rate of punishment carried by the heaviest count is imprisonment not over three years;

(2)twenty years, in the event that the maximum rate of punishment carried by the heaviest count is imprisonment over three years but not over ten years;

​(3)fifty years, in the event that the maximum rate of punishment carried by the heaviest count is imprisonment for ten years or more, save where the court imposes life imprisonment."

Countersignatory:
General P. Tinsulanonda
Prime Minister

Note: The grounds for promulgation of this Act are as follows: Since section 41[1] and section 91 of the Penal Code, which have been amended by the Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE, do not designate the maximum term of imprisonment for aggravated or consecutive sentences, but they designate that when an offence carries life imprisonment, the life imprisonment is to be changed to imprisonment for fifty years for the sake of the imposition of an aggravated or consecutive sentence, as the case may be, thus causing the aggravated imprisonment or the total [term of] imprisonment imposed upon consecutive counts in some cases to be excessively high or disproportionate to the different characteristics and degrees of severity of the offences, [and] causing the punishments to be unfair and not as efficacious as they should be; it is appropriate to amend the provisions of the said two sections, by designating the maximum term of imprisonment for aggravated sentences and the total term of imprisonment for consecutive sentences, so that the punishments be more fair and effectual. Therefore, it is necessary to enact this Act.

Notes

[edit]
  1. ↑ See Errata.

Bibliography

[edit]
  • "Phra Ratcha Banyat Kaekhaiphoemtoem Pramuan Kotmai Aya (Chabap Thi Hok) Phoso Song Phan Ha Roi Yisip Hok" [Act Amending the Penal Code (No. 6), 2526 BE]. (1983, 5 April). Ratchakitchanubeksa [Royal Gazette], 100(53A), 1–3. (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:

7. The following shall not be deemed copyright works under this Act:

  1. news of the day and facts having the character of mere information, not being works in the literary, scientific or artistic fields;
  2. the constitution and legislation;
  3. regulations, bylaws, notifications, orders, explanations and official correspondence of the Ministries, Departments or any other government or local units;
  4. judicial decisions, orders, decisions and official reports;
  5. translations and collections of the materials referred to in items (1) to (4), made by the Ministries, Departments or any other government or local units.

Public domainPublic domainfalsefalse

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.

Public domainPublic domainfalsefalse

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