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Translation:Act Promulgating a Penal Code, 2499 BE

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Act Promulgating a Penal Code, 2499 BE (1956)
7th House of Representatives of Thailand, translated from Thai by Wikisource
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7th House of Representatives of Thailand2187315Act Promulgating a Penal Code, 2499 BE1956Wikisource
Table of contents 
The Act
Preamble
Section
  1. Title
  2. Commencement
  3. Promulgation of new law
  4. Repeal of old law
  5. Reference to punishments under old law
  6. Imprisonment in default of fine payment under old law
  7. Safety measure under new law
  8. References to old law
Statement of grounds
​
Seal of the Royal Command
Seal of the Royal Command

Act
Promulgating a Penal Code,
2499 BE

Bhumibol Adulyadej R
Given on the 13th day of November 2499 BE
Being the 11th 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 improve criminal laws anew, for the circumstances of the Country have changed a great deal since promulgation of a Penal Code in 2451 Buddhist Era;[1]

​Therefore, by and with the advice and consent of the House of Representatives, He orders with His gracious pleasure that the following Act be enacted:

Section1.This Act is called the "Act Promulgating a Penal Code, 2499 BE".

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

Section3.The Penal Code at the end of this Act shall come into force from the 1st day of January 2500 BE[2] onwards.

Section4.Once the [new] Penal Code has come into force, the [old] Penal Code[3] shall be repealed.

Section5.Once the [new] Penal Code has come into force, if[4] there is any law designating a punishment by referring to the punishment for a petty offence under the [old] Penal Code, such law shall be deemed to refer to the following punishment:

if it refers to the first class punishment, it means a fine not over one hundred baht;

if it refers to the second class punishment, it means a fine not over five hundred baht;

​if it refers to the third class punishment, it means imprisonment not over ten days, or a fine not over five hundred baht, or both the imprisonment and fine;

if it refers to the fourth class punishment, it means imprisonment not over one month, or a fine not over one thousand baht, or both the imprisonment and fine.

Section6.Once the [new] Penal Code has come into force, the [new] Penal Code shall apply to the imprisonment imposed instead of a fine according to any law, regardless of what such law might have prescribed. However, as for an offence committed prior to the day of coming into force of the [new] Penal Code, confinement shall not last more than one year for a fine imposed upon a single count or two years for a fine imposed upon several counts.

Section7.As for[4] the safety measure under section 46 of the [new] Penal Code, the provisions of the Criminal Procedure Code shall apply as if it were a criminal offence. However, detention pending inquiry shall not last more than forty-eight hours reckoned from the time the arrested person arrives at the office of the administrative or police officer, provided that the usual time of travel to bring the arrested person to the court shall not be included in such time limit of forty-eight hours.

Section8.Once the [new] Penal Code has come into force, if any legal provision refers to the [old] Penal Code or ​to a provision of the [old] Penal Code, it shall be deemed that such legal provision refers to the [new] Penal Code or to the provision of the corresponding section of the [new] Penal Code, as the case may be.

Countersignatory:
Field Marshal P Phibunsongkhram
Prime Minister

​Note: The grounds for promulgation of this Act are as follows: The Penal Code of 127 RE[5] has long been promulgated and has undergone scattering amendments in many parts. In consequence, it is appropriate for them to be reviewed and revised and brought into the form of a single penal code.

In addition, it appears that certain principles and certain methods for imposition of penalties should be adjusted to suit the time and the approval of all countries, [since] some of the old principles are now obsolete and should be improved in keeping with the principles of the administration under a regime of democracy.

Notes

[edit]
  1. ↑ 2451 Buddhist Era fell between 1908 and 1909 Common Era. When the Penal Code of Siam was promulgated, it was 1908 Common Era.
  2. ↑ 1957.
  3. ↑ In Thai, the code promulgated by the present Act is known as Pramuan Kotmai Aya (Thai: ประมวลกฎหมายอาญา; literally, "Compilation of Penal Laws") and the code promulgated by King Chulalongkorn in 1908 is known as Kotmai Laksana Aya (Thai: กฎหมายลักษณอาญา; literally, "Law on Penalties"). In English, both are known as Penal Code.
  4. ↑ 4.0 4.1 Originally, "in the event".
  5. ↑ 127 Rattanakosin Era corresponded to 2451 Buddhist Era and fell between 1908 and 1909 Common Era. When the Penal Code of Siam was promulgated, it was 1908 Common Era.

Bibliography

[edit]
  • "Phra Ratcha Banyat Hai Chai Pramuan Kotmai Aya Phoso Song Phan Si Roi Kaosip Kao" [Act Promulgating a Penal Code, 2499 BE]. (1956, 15 November). Ratchakitchanubeksa [Royal Gazette], 73(95A), 1–4, 171. (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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