Translation:Act Modifying the Penal Code, 2470 Buddhist Era

by Prajadhipok

Table of contents 

The Act

Preamble

Section

1. Title
2. Commencement
3. Amendment to §103: incitement of armed officers to desert, commit mutiny, or neglect duty
4. Amendment to §104: overthrow of government

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Seal of the Royal Command

Act Modifying the Penal Code,
2470 Buddhist Era

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By Phra Bat Somdet Phra Paramin Maha Prajadhipok Phra Pok Klao Chaoyuhua, a great royal command is issued declaring to all that, for general information, it be announced as follows:

Whereas it is appropriate to amend the provisions of certain sections of the Penal Code;

Therefore, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act shall be called the "Act Modifying the Penal Code, 2470 Buddhist Era".

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

Section3.The original provisions of section 103 of the Penal Code shall be repealed and the following provisions shall replace those provisions henceforth:

"Whoever incites a person serving in the Military, Metropolitan Police, or Provincial Police to desert, to commit mutiny, to neglect the execution of a duty shall, Lord says, be held guilty and be punished with imprisonment of not more than five years and an additional fine of not more than a thousand baht.

Should such an offence as specified in the previous paragraph be committed for the purpose of undermining the discipline and capability of a unit of the Military, or Metropolitan Police, or Provincial Police, Lord says that the offender be held guilty and be punished with imprisonment of not more than ten years and an additional fine of not more than five thousand baht.

And should the previously said offence be part of a plot to overthrow the Government or change the political or economic custom by force or assault, Lord says that the offender be held guilty and be punished with death or be imprisoned for the rest of his life."

Section4.The original provisions of section 104 of the Penal Code shall be repealed and the following provisions shall replace those provisions henceforth:

"1)Whoever commits any act whatsoever, [or] advocates or teaches a political or economic doctrine or method through speech, or writing, or printing, or intrigue of any kind, with the intention or expectation to bring about any of the following results, namely—

a)to bring about hatred or insult towards His Majesty the King, or the Government, or the public affairs of the State;

b)to bring about a change in the Government or law by force or assault;

c)to bring about discontent and disobedience amongst the people to the degree likely to cause an unfavourable incident in His Majesty's Country;

d)to stir up hatred between people of different classes;

e)to incite people to violate the law;

shall, Lord says, be held guilty and be punished with imprisonment of not more than ten years and an additional fine of not more than five thousand baht.

2)Whoever is the head, manager, or staff member of any association shall, Lord says, be held guilty and be punished with imprisonment of not more than ten years and an additional fine of not more than five thousand baht, if the association is for the purpose of advocating or teaching such a political or economic doctrine or method as said in the first paragraph of this section, whether or not it be a secret society.

Whoever is a member of the said association shall, Lord says, be held guilty and be punished with imprisonment of not more than five years and an additional fine of not more than a thousand baht. In addition, Lord ordains that all the persons attending any meeting of the said association be presumed to be members of the association.

3)Whoever incites, instructs, or advises the organisation of a strike, or lockout, or concerted cessation of any business for another purpose than the settlement of a dispute within the purview of the business, or industry, or occupation concerned shall, Lord says, be held guilty and be punished with imprisonment of not more than three years and an additional fine of not more than a thousand baht.

If the purpose is for causing a change in the Government, or law, or national custom, or for coercing the Government, or for threatening the public, Lord says that he be held guilty and be punished with imprisonment of not more than ten years and an additional fine of not more than five thousand baht.

Whoever learns the aforesaid purpose and dares take part in the said strike, or lockout, or concerted cessation of business shall, Lord says, be held guilty and be punished with imprisonment of not more than five years and an additional fine of not more than a thousand baht.

4)Whoever, by subjecting to fear, threatening to assault, or forcibly assaulting in any manner, forces or attempts to force any particular person to become a member of any association, or to take part in such a strike, lockout, or concerted cessation of business as said in the previous paragraph, or to assist in the said strike, lockout, or concerted cessation of business, shall, Lord says, be held guilty and be punished with imprisonment of not more than ten years and an additional fine of not more than five thousand baht.

5)Whoever commits any of the offences specified in this section shall, Lord says, be held guilty and be punished with death or be imprisoned for the rest of his life, if such offence is part of a plot to overthrow the Government or to change the political or economic custom by force or assault."

Announced on the 2nd day of September 2470 Buddhist Era, being the 3rd year of the present reign.

Bibliography

• "Phra Ratcha Banyat Kaekhai Kotmai Laksana Aya Phutthasakkarat Song Phan Si Roi Chetsip" [Act Modifying the Penal Code, 2470 Buddhist Era]. (1927, 5 September). Ratchakitchanubeksa [Royal Gazette], 44, 167–172. (In Thai).