Translation:Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE

by Revolutionary Council of Thailand

Table of contents 

The Announcement

Preamble

Article

1. Amendment to §§51–53: increase and decrease of punishments
2. Amendment to §91: concurrent offences
3. Amendment to §140: aggravating circumstances for offences against officers
4. Amendment to §§190–191: escape from detention
5. Amendment to §218: arson
6. Amendment to §224: aggravating circumstances for offences of causing public danger
7. Amendment to §§276–277: unlawful intercourse
8. Insertion of §§277bis – 277ter: aggravating circumstances for offences of unlawful intercourse
9. Amendment to §§278–281: indecency
10. Amendment to §§282–286: indecent procurement; exploitation of prostitute
11. Amendment to §313: kidnapping
12. Amendment to §§317–319: child theft
13. Insertion of §336bis: aggravating circumstances for offences of theft
14. Amendment to §§339–340bis: robbery; gang robbery
15. Insertion of §340ter: aggravating circumstances for offences of robbery
16. Commencement

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Announcement of the Revolutionary Council
No. 11

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Whereas the Revolutionary Council wants the public to live in tranquillity and safety from crime, in respect of which the Revolutionary Council finds that the rates of punishment designated for certain types of offences according to the Penal Code are still insufficient for their prevention and suppression and should be modified to be higher so that they suit the situation at present, the Revolutionary Council therefore issues the following order:

Article1.The stipulations of section 51, section 52, and section 53 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section51.In increasing a punishment, it shall not be increased up to death. In making a calculation for increasing a punishment of life imprisonment, the life imprisonment shall be changed to imprisonment of fifty years.

Section52.In decreasing a punishment of death, whether by decreasing the scale of punishment or by decreasing the punishment to be imposed, the decrease shall be made as follows:

(1)⁠if it is to be decreased by one third, it shall be decreased to life imprisonment;

(2)⁠if it is to be decreased by one half, it shall be decreased to life imprisonment or imprisonment from twenty-five years to fifty years.

Section53.⁠In decreasing a punishment of life imprisonment, whether by decreasing the scale of punishment or by decreasing the punishment to be imposed, the life imprisonment shall be changed to imprisonment of fifty years."

Article2.The stipulations of section 91 of the Penal Code 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. If the rate of the punishment for any count of offence is life imprisonment, the life imprisonment shall be changed to imprisonment of fifty years."

Article3.The stipulations of section 140 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section140.If the offence under section 138, paragraph 2, or section 139 is committed whilst having or by using a weapon or through a joint action of three or more persons, the offender shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.

If it is committed by alluding to the power of a secret society or criminal association, whether or not such secret society or criminal association exists, the offender shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.

If the offence under this section is committed whilst having or by using a firearm or explosive, the offender shall be punished one-half more heavily than the punishment prescribed by the law in [either of] the two previous paragraphs."

Article4.The stipulations of section 190 and section 191 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section190.Whoever escapes whilst being detained by virtue of the power of a court, public prosecutor, inquiry official, or officer empowered to investigate a criminal case, shall be punished with imprisonment not over three years, or a fine not over six thousand baht, or both the imprisonment and the fine.

If the offence as said in paragraph 1 is committed by breaking the place of detention, by exercising forcible violence, by threatening to exercise forcible violence, or through a joint action of three or more persons, the offender shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.

If [either] offence under this section is committed whilst having or by using a firearm or explosive, the offender shall be punished one-half more heavily than the punishment prescribed in [either of] the two previous paragraphs.

Section191.Whoever frees from detention by any means a person detained by virtue of the power of a court, public prosecutor, inquiry official, or officer empowered to investigate a criminal case, shall be punished with imprisonment not over five years, or a fine not over ten thousand baht, or both the imprisonment and the fine.

If the person freed from detention has been adjudged by any particular court to a punishment of death, life imprisonment, or imprisonment of fifteen years or more, or the number [of the persons freed] is three or more, the offender shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.

If [either] offences under this section is committed by exercising forcible violence, or by threatening to exercise forcible violence, or whilst having or by using a firearm or explosive, the offender shall be punished one-half more heavily than the punishment prescribed by the law in [either of] the two previous paragraphs.

Article5.The stipulations of section 218 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section218.Whoever sets fire to [any of] the following things:

(1)a building, vessel, or floating house where a human resides;

(2)a building, vessel, or floating house where merchandise is kept or made;

(3)a theatre or meeting place;

(4)a building which is in the public domain of the State, is a public place, or is a place for conducting a religious rite;

(5)a train station, airport, or public car park or vessel mooring;

(6)a steam-powered vessel or motor vessel with the capacity of five tons or more, aircraft, or train which is used in public transport;

shall be punished with death, life imprisonment, or imprisonment from five years to twenty years."

Article6.The stipulations of section 224 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section224.If the commission of the offence as said in section 217, section 218, section 221, or section 222 causes another person to die, the offender shall be punished with death or life imprisonment.

If it causes another person to undergo serious harm, the offender shall be punished with death, life imprisonment, or imprisonment from ten years to twenty years."

Article7.The stipulations of section 276 and section 277 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section276.Whoever forcibly commits intercourse with another woman than his own wife by threatening in any manner, by exercising forcible violence, whilst the woman is being in a state of irresistibility, or by making the woman mistake him for a different person, shall be punished with imprisonment from one years to ten years and a fine from two thousand baht to twenty thousand thousand baht.

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, it shall be punished with life imprisonment or imprisonment from ten years to twenty years.

Section277.Whoever commits intercourse with a girl aged not over thirteen years still, whether with or without the consent of that girl, shall be punished with imprisonment from two years to twelve years and a fine from four thousand baht to twenty-four thousand baht.

If the offence under paragraph 1 is committed against the girl through a joint action characteristic of gang rape and without the consent of the girl, or is committed whilst having or by using a firearm or explosive, it shall be punished with life imprisonment or imprisonment from fifteen years to twenty years."

Article8.The following stipulations shall be inserted in the Penal Code as section 227bis and section 277ter:

"Section277bis.If the commission of the offence under section 276, paragraph 1, or section 277, paragraph 1, causes the victim—

(1)to undergo serious harm, the offender shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht;

(2)to die, the offender shall be punished with death or life imprisonment.

Section277ter.If the commission of the offence under section 276, paragraph 2, or section 277, paragraph 2, causes the victim—

(1)to undergo serious harm, the offender shall be punished with life imprisonment;

(2)to die, the offender shall be punished with death."

Article9.The stipulations of section 278, section 279, section 280, and section 281 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section278.Whoever commits indecency with a person aged above thirteen years by threatening in any manner, by exercising forcible violence, whilst that person is being in a state of irresistibility, or by making that person mistake him for a different person, shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine.

Section279.Whoever commits indecency with a child aged not over thirteen years still, whether with or without the consent of that child, shall be punished with imprisonment not over seven years, or a fine not over fourteen thousand baht, or both the imprisonment and the fine.

If the offender commits the offence under paragraph 1 by threatening in any manner, by exercising forcible violence, whilst that child is being in a state of irresistibility, or by making the child mistake him for a different person, he shall be punished with imprisonment not over ten years, or a fine not over twenty thousand baht, or both the imprisonment and the fine.

Section280.If the commission of the offence under section 278 section 279 causes the victim—

(1)to undergo serious harm, the offender shall be punished with imprisonment from five years to ten years and a fine from ten thousand baht to thirty thousand baht;

(2)to die, the offender shall be punished with life imprisonment.

Section281.The offences under section 276, paragraph 1, and section 278 are compoundable if they did not occur in public, did not cause the victim to undergo serious harm or to die, or were not committed against [any of] the persons specified in section 285."

Article10.The stipulations of section 282, section 283, section 284, section 285, and section 286 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section282.⁠Whoever, in order to fulfil the desire of another person, makes it his own business to procure, lures away, or leads away for an indecent purpose a girl or woman aged not over eighteen years still, even with or the consent of that girl or woman, shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht, regardless of whether or not the acts constituting such offence are committed in different countries.

If the offence under paragraph 1 is committed against a girl aged not over thirteen years still, the offender shall be punished with imprisonment from one years to ten years and a fine from two thousand baht to twenty thousand baht.

Whoever, in order to fulfil the desire of another person, receives the girl or woman who has been procured, lured away, or led away according to paragraph 1 or paragraph 2, or aids in the commission of the said offence, shall be punished as prescribed in paragraph 1 or paragraph 2, as the case may be.

Section283.Whoever, in order to fulfil the desire of another person, makes it his own business to procure, lures away, or leads away a woman for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht, regardless of whether or not the acts constituting such offence are committed in different countries.

If the offence under paragraph 1 is committed against a girl or woman aged not over eighteen years still, the offender shall be punished with imprisonment from two years to seven years and a fine from four thousand baht to fourteen thousand baht.

If the offence under paragraph 2 is committed against a girl aged not over thirteen years still, the offender shall be punished with imprisonment from two years to ten years and a fine from four thousand baht to twenty thousand baht.

Whoever, in order to fulfil the desire of another person, receives the girl or woman who has been procured, lured away, or led away according to paragraph 1, paragraph 2, or paragraph 3, or aids in the commission of the said offence, shall be punished as prescribed in paragraph 1, paragraph 2, or paragraph 3, as the case may be.

Section284.Whoever carries a woman away for an indecent purpose by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion, shall be punished with imprisonment from one year to seven years and a fine from two thousand baht to fourteen thousand baht.

Whoever hides the woman carried away according to paragraph 1 shall be punished in the same manner as the carrier.

The offences under this section are compoundable.

Section285.⁠If the offence under section 276, section 277, section 277bis, section 277ter, section 278, section 279, section 280, section 282, or section 283 is committed against his descendant, a pupil under his care, a person kept under his control by virtue of an official duty, or a person under his guardianship, custodianship, or curatorship, the offender shall be punished one-third more heavily than that prescribed in such section.

Section286.Whoever aged above sixteen years lives on the income of a female prostitute, even in part, shall be punished with imprisonment from two years to seven years and a fine from four thousand baht to fourteen thousand baht.

Whoever has no other apparent means of living or has no sufficient means of living and—

(1)appears to be together with or to associate with one or several female prostitutes habitually;

(2)is accommodated or receives money or other benefit furnished by a female prostitute; or

(3)intervenes to help a female prostitute in her quarrel or dispute with her client;

shall be deemed to live on a woman's income from prostitution, save where he provides a satisfactory proof that it is not so.

The provisions of this section shall not apply to a person receiving maintenance from a female prostitute who is legally or morally obliged to provide such maintenance."

Article11.The stipulations of section 313 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section313.Whoever, in order to obtain a ransom—

(1)takes away a child aged not over thirteen years still;

(2)takes away a person aged above thirteen years by exercising a deceitful trick, threat, forcible violence, undue influence, or any other means of coercion; or

(3)restrains or confines any person;

shall be punished with life imprisonment or imprisonment from fifteen years to twenty years.

If the commission of the offence as said in paragraph 1 causes the person taken away, restrained, or confined to undergo serious harm, or it is committed through torture or through cruelty or brutality to the degree that causes the victim to undergo physical or mental harm, the offender shall be punished with life imprisonment.

If the commission of such offence causes the person taken away, restrained, or confined to die, the offender shall be punished with death."

Article12.The stipulations of section 317, section 318, and section 319 of the Penal Code shall be repealed and replaced by the following stipulations:

"Section317.Whoever, without appropriate cause, separates a child aged not over thirteen years still from the father, mother, guardian, or carer, shall be punished with imprisonment from one year to fifteen years and a fine from two thousand baht to twenty thousand baht.

Whoever dishonestly buys, disposes of, or receives a child separated in accordance with the stipulations of paragraph 1, shall be punished in the same manner as the separator.

If [either] offence under this section is committed for seeking profit or for an indecent purpose, the offender shall be punished with imprisonment from two years to twelve years and a fine from four thousand baht to twenty-four thousand baht.

Section318.Whoever separates a minor aged above thirteen years but still not over eighteen years from the father, mother, guardian, or carer when the minor is not willing to go with him, shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.

Whoever dishonest[ly] buys, disposes of, or receives a child separated in accordance with paragraph 1, shall be punished in the same manner as the separator.

If [either] offence under this section is committed for seeking profit or for an indecent purpose, the offender shall be punished with imprisonment from one year to ten years and a fine from two thousand baht to twenty thousand baht.

Section319.Whoever, for seeking profit or for an indecent purpose, separates a minor aged above thirteen years but still not over eighteen years from the father, mother, guardian, or carer when the minor is willing to go with him, shall be punished with imprisonment from six months to seven years and a fine from one thousand baht to fourteen thousand baht.

Whoever dishonestly buys, disposes of, or receives a minor separated in accordance with paragraph 1, shall be punished in the same manner as the separator."

Article13.The following stipulations shall be inserted in the Penal Code as section 336bis:

"Section336bis.Whoever commits the offence under section 334, section 335, section 335bis, or section 336 by wearing a military or police uniform or dressing in a manner making himself understood to be a military or police officer, or whilst having or by using a firearm or explosive, or by using a vehicle to facilitate the commission of the wrongdoing or the carrying away of the thing or to avoid arrest, shall be punished one-half more heavily than that prescribed in such section."

Article14.The stipulations of section 339, section 339bis, section 340, and section 340bis of the Penal Code shall be repealed and replaced by the following stipulations:

"Section339.Whoever commits theft of a thing by exercising forcible violence or threatening to exercise forcible violence at that instant in order to—

(1)⁠⁠facilitate the theft or carrying away of the thing;

(2)⁠obtain surrender of the thing;

(3)retain the thing;

(4)⁠conceal the commission of the offence; or

(5)avoid arrest;

commits an offence of robbery and shall be punished with imprisonment from five years to ten years and a fine from ten thousand baht to twenty thousand baht.

If the offence so committed consists in such characteristic as prescribed any particular subsection of section 335, the offender shall be punished with imprisonment from ten years to fifteen years and a fine from twenty thousand baht to thirty thousand baht.

If the robbery causes another person to undergo physical or mental harm, the offender shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht.

If the robbery causes another person to undergo serious harm, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.

If the robbery causes another person to die, the offender shall be punished with death or life imprisonment.

Section339bis.If the robbery is committed against the thing under section 335bis, paragraph 1, the offender shall be punished with imprisonment from seven years to fifteen years and a fine from fourteen thousand baht to thirty thousand baht.

If such robbery is also committed in the place prescribed in section 335bis, paragraph 2, the offender shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht.

If the robbery under paragraph 1 or paragraph 2 causes another person to undergo physical or mental harm, the offender shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.

If the robbery under paragraph 1 or paragraph 2 causes another person to undergo serious harm, the offender shall be punished with life imprisonment or imprisonment from fifteen years to twenty years.

If the robbery under paragraph 1 or paragraph 2 causes another person to die, the offender shall be punished with death.

Section340.Whoever commits robbery through a joint action of three or more persons commits an offence of gang robbery and shall be punished with imprisonment from ten years to fifteen years and a fine from twenty thousand baht to thirty thousand baht.

If, in committing gang robbery, at least any one of the offenders also carries a weapon on the body, the offenders shall be punished with imprisonment imprisonment from twelve years to twenty years and a fine from twenty-four thousand baht to forty thousand baht.

If the gang robbery causes another person to undergo serious harm, the offenders shall be punished with life imprisonment or imprisonment of twenty years.

If the gang robbery is committed through expression of cruelty to the degree of causing another person to undergo physical or mental harm, [or through] discharge of a gun, use of an explosive, or infliction of torture, the offenders shall be punished with life imprisonment or imprisonment from fifteen years to twenty years.

If the gang robbery causes another person to die, the offenders shall be punished with death.

Section340bis.If the gang robbery is committed against the thing under section 335bis, paragraph 2, the offenders shall be punished with imprisonment from ten years to twenty years and a fine from twenty thousand baht to forty thousand baht.

If such gang robbery is also committed in the place prescribed in section 335bis, paragraph 2, the offenders shall be punished with imprisonment from fifteen years to twenty years and a fine from thirty thousand baht to forty thousand baht.

If, in committing the gang robbery under paragraph 1 or paragraph 2, at least any one of the offenders also carries a weapon on the body, the offenders shall be punished with life imprisonment or imprisonment from fifteen years to twenty years.

If the gang robbery under paragraph 1 or paragraph 2 causes another person to undergo serious harm, the offenders shall be punished with life imprisonment.

If the gang robbery under paragraph 1 or paragraph 2 is committed through expression of cruelty to the degree of causing another person to undergo physical or mental harm, [or through] discharge of a gun, use of an explosive, or infliction of torture, the offenders shall be punished with death or life imprisonment.

If the gang robbery under paragraph 1 or paragraph 2 causes another person to die, the offenders shall be punished with death."

Article15.The following stipulations shall be inserted in the Penal Code as section 340ter:

"Section340ter.Whoever commits the offence under section 339, section 339bis, section 340, or section 340bis by wearing a military or police uniform or dressing in a manner making himself understood to be a military or police officer, or whilst having or by using a firearm or explosive, or by using a vehicle for the commission of the wrongdoing or the carrying away of the thing or for avoidance of arrest, shall be punished one-half more heavily than that prescribed in such section."

Article16.This Announcement of the Revolutionary Council shall come into force from the day following the day of its publication in the Royal Gazette onwards.

Announced on the 21st day of November 2514 Buddhist Era
Field Marshal T. Kittikachorn
Head of the Revolutionary Council

Bibliography

• "Prakat Khong Khana Patiwat Chabap Thi Sip-et Long Wan Thi Yisip Et Phruetsachikayon Phoso Song Phan Ha Roi Sipsi" [Announcement of the Revolutionary Council No. 11 dated 21 November 2514 BE]. (1971, 21 November). Ratchakitchanubeksa [Royal Gazette], 88(127A), 1–21. (In Thai).