Translation:Emergency Decree Amending the Penal Code, 2484 Buddhist Era
Emergency Decree
Amending the Penal Code,
2484 Buddhist Era
In the name of Somdet Phra Chaoyuhua Ananda Mahidol
The Council of Regency
(according to the announcement of the President of
the House of Representatives dated 4 August 2480 Buddhist Era)
Aditya Dibabha
Gen Phitchayenyothin
Enacted on the 21st day of March 2484 Buddhist Era
Being the 8th year of the present reign
Whereas it is found appropriate to amend certain sections of the Penal Code and whereas there is an emergency preventing the timely convening of the House of Representatives;
Therefore, by virtue of the power under the stipulations of section 52 of the Constitution of the Kingdom of Thailand, a great royal command is given that the following Emergency Decree be enacted:
Section1.This Emergency Decree shall be called the "Emergency Decree Amending the Penal Code, 2484 Buddhist Era".
Section2.This Emergency Decree shall come into force from the day of its publication in the Royal Gazette onwards.
Section3.The rates of punishment specified in section 131, section 132, section 133, section 134, section 135, section 136, section 137, and section 138 of the Penal Code, which have been amended by the Act Amending the Penal Code, 2477 Buddhist Era (No. 2), shall all be repealed and replaced by the following rates of punishment:
Section131:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section132:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section133:imprisonment of not over ten years and a fine of not over five thousand baht.
Section134:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section135:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section136:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section137:imprisonment of not over ten years and a fine of not over five thousand baht.
Section138(paragraph 1):imprisonment of not over ten years and a fine of not over five thousand baht or doubling the value of the bribe.
Section138(paragraph 2):imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht or doubling the value of the bribe.
Phibunsongkhram
Prime Minister
In regard to the punishments for the dishonest exercise by officers of the powers and functions in relation to finance according to section 129 through section 138 and section 142 through section 146 in Division 2, Part 2, Chapter 2 of the Penal Code of 127 RE, the Act Amending the Penal Code, 2477 BE (No. 2), was once enacted to merely increase their rates in the following manners (Royal Gazette, volume 51, page 455):
| Penal Code of 127 RE |
Amendment Act of 2477 BE (No. 2) |
| Section129:imprisonment from a month up to five years and a fine from fifty baht up to a thousand baht. | Section129:imprisonment from one month to seven years and a fine from fifty baht to two thousand baht. |
| Section130:imprisonment from a month up to five years and a fine from fifty baht up to a thousand baht. | Section130:imprisonment from one month to seven years and a fine from fifty baht to two thousand baht. |
| Section131:imprisonment from three months up to seven years and a fine from a hundred baht up to a thousand baht. | Section131:imprisonment from three months to ten years and a fine from a hundred baht to two thousand baht. |
| Section132:imprisonment from three months up to seven years and a fine from a hundred baht up to two thousand baht. | Section132.imprisonment from three months to ten years and a fine from a hundred baht to four thousand baht. |
| Section133:one is imprisonment of not over six months, one is a fine of not over five hundred baht, the other is the imposition of both such imprisonment and fine. | Section133:imprisonment of not over three years, or a fine of not over two thousand baht, or both the imprisonment and the fine. |
| Section134:imprisonment from three months up to seven years and a fine from a hundred baht up to two thousand baht. | Section134:imprisonment from three months to ten years and a fine from a hundred baht to four thousand baht. |
| Section135:imprisonment from three months up to seven years and a fine from a hundred baht up to two thousand baht. | Section135:imprisonment from three months to ten years and a fine from a hundred baht to four thousand baht. |
| Section136:imprisonment from three months up to seven years and a fine from a hundred baht up to two thousand baht. | Section136:imprisonment from three months to ten years and a fine from a hundred baht to six thousand baht. |
| Section137:imprisonment of not over two years and a fine of not over a thousand baht. | Section137:imprisonment of not over four years and a fine of not over two thousand baht. |
| Section138,paragraph1:imprisonment of not more than two years and a fine of not more than a thousand baht or doubling the value of the bribe. | Section138.paragraph1:imprisonment of not more than two years and a fine of not more than a thousand baht or doubling the value of the bribe. |
| Section138.paragraph2:imprisonment from three months up to five years and a fine from a hundred baht up to two thousand baht or doubling the value of the bribe, prescribed that the said punishment be reduced by one half if he has not yet done the act which should not be done or has not yet abstained from the act which should not be abstained. | Section138.paragraph2:imprisonment from three months up to the whole life and a fine from a hundred baht up to four thousand baht or doubling the value of the bribe. |
| Section139.imprisonment from two years up to ten years and a fine from a hundred baht up to five thousand baht or doubling the value of the bribe. | Section139.imprisonment from two years up to ten years and a fine from a hundred baht up to five thousand baht or doubling the value of the bribe. |
| Section142.paragraph1:imprisonment from three months up to five years and a fine from a hundred baht up to a thousand baht. | Section142.paragraph1:imprisonment from three months up to seven years and a fine from five hundred baht up to two thousand baht. |
| Section142,paragraph2:imprisonment from six months up to seven years and a fine from a hundred baht up to two thousand baht. | Section142,paragraph2:imprisonment from one year up to the whole life and a fine from a hundred baht up to four thousand baht. |
| Section143,paragraph1:imprisonment from a month up to six months and a fine from ten baht up to a thousand baht. | Section143,paragraph1:imprisonment from a month up to a year and a fine from ten baht up to two thousand baht. |
| Section143,paragraph2:imprisonment from three months up to five years and a fine from fifty baht up to a thousand baht. | Section143,paragraph2:imprisonment from three months up to seven years and a fine from fifty baht up to two thousand baht. |
| Section144:imprisonment of not more than a years and a fine of not more than a thousand baht. | Section144:imprisonment of not over two years and a fine of not over two thousand baht. |
| Section145:imprisonment of not more than two years and a fine of not more than a thousand baht. | Section145:imprisonment of not over four years and a fine of not over two thousand baht. |
| Section146:imprisonment of not more than six months and a fine of not more than five hubdred baht. | Section146:imprisonment of not over a year and a fine of not over a thousand baht. |
Now, the Emergency Decree Amending the Penal Code, 2484 BE, has been additionally enacted to merely increase the rates of punishment under section 131 through section 138 so that they become severer in the following manners:
Section131:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section132:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section133:imprisonment of not over ten years and a fine of not over five thousand baht.
Section134:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section135:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section136:imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht.
Section137:imprisonment of not over ten years and a fine of not over five thousand baht.
Section138(paragraph 1):imprisonment of not over ten years and a fine of not over five thousand baht or doubling the value of the bribe.
Section138(paragraph 2):imprisonment for life or from one year to twenty years and a fine from five hundred baht to ten thousand baht or doubling the value of the bribe.
As regards the rates of punishment prescribed in section 129 and section 130 as well as in section 139 through section 146 of the Act Amending the Penal Code, 2477 BE (No. 2), they have not been modified by this new Emergency Decree.
Bibliography
[edit]- "Phra Ratcha Kamnot Kaekhaiphoemtoem Kotmai Laksana Aya Phutthasakkarat Song Phan Si Roi Paetsip Si" [Emergency Decree Amending the Penal Code, 2484 Buddhist Era]. (1941, 25 March). Ratchakitchanubeksa [Royal Gazette], 58, 453–462. (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:
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| 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.
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