Translation:Emergency Decree Amending the Penal Code, 2546 BE

by 54th Cabinet of Thailand

Table of contents 

The Decree

Preamble

Section

1. Title
2. Commencement
3. Amendment to §7: jurisdiction ratione materiae
4. Insertion of §§135/1 – 135/4: offences relating to terrorism

Statement of grounds

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Seal of the Royal Command

Emergency Decree
Amending the Penal Code,
2546 BE

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Bhumibol Adulyadej R
Given on the 9th day of August 2546 BE
Being the 58th 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 virtue of the power under the stipulations of section 218 of the Constitution of the Kingdom of Thailand, He orders with His gracious pleasure that the following Emergency Decree be enacted:

Section1.This Emergency Decree is called the "Emergency Decree Amending the Penal Code, 2546 BE".

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

Section3.The following stipulations shall be inserted in the Penal Code as (1/1) of section 7:

"(1/1)the offences relating to terrorism, as prescribed in section 135/1, section 135/2, section 135/3, and section 135/4".

Section4.The following stipulations shall be inserted in the Penal Code as Title 1/1 Offences relating to terrorism, section 135/1, section 135/2, section 135/3, and section 135/4 of Division 2 Offences:

"Title 1/1
Offences relating to terrorism

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Section135/1.Whoever commits [any of] the following criminal acts:

(1)the exercise of forcible violence or the commission of any act which causes harm to the life or severe harm to the body or liberty of any person;

(2)the commission of any act which causes severe damage to a public transportation system, telecommunication system, or infrastructure of public interest;

(3)the commission of any act which causes damage to property of any state or of any person or to the environment, thereby resulting or likely to result in substantial economic damage;

commits an offence of terrorism and shall be punished with death, life imprisonment, or imprisonment from three years to twenty years and a fine from sixty thousand baht to one million baht, if such act is committed for the purpose of threatening or forcing the Thai Government, a foreign government, or an international organisation into doing or abstaining from any act [in a manner] which would result in severe damage, or for [the purpose of] creating turbulence by causing fear amongst the public.

An act done in a demonstration, assembly, protest, debate, or movement in order to demand assistance from the State or to enable access to fairness, which is the exercise of a liberty under the Constitution, does not constitute an offence of terrorism.

Section135/2.Whoever—

(1)threatens to commit terrorism when there are circumstances for which it should be believed that he would actually commit the threatened act; or

(2)accumulates troops or weapons, procures or collects property, provides or receives terrorist training, makes any other preparation, or conspires with another person in order to commit terrorism, or commits any offence as part of a plot for terrorism, or incites the public to take part in terrorism, or, knowing that anyone is to commit terrorism, commits any act to help conceal it;

shall be punished with imprisonment from two years to ten years and a fine from forty thousand baht to two hundred thousand baht.

Section135/3.Whoever aids in the commission of the offence under section 135/1 or section 135/2 shall be punished in the same manner as the principal in such offence.

Section135/4.Whoever is a member of an entity designated as a terrorist entity by a resolution of or announcement under the United Nations Security Council of which the Thai Government has also announced its acknowledgement, shall be punished with imprisonment not over seven years and a fine not over one hundred and forty thousand baht."

Countersignatory:
Police Lieutenant Colonel Thaksin Shinawatra
Prime Minister

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Note: The grounds for promulgation of this Emergency Decree are as follows: In the present situation, there appear to be threats of terrorism which aim at taking lives of innocent people or bringing about damage through destruction of property in order to stir up turbulence by causing fear amongst the public and creating disorder in the Country, or to force or threaten the Thai Government, the government of any [other] state, or an international organisation into yielding to the demands from terrorists that certain acts be done or abstained, and such actions have occurred in neighbouring countries and have a tendency to take place in the Country, which would give rise to severe impact upon the security of the Country. In addition, the said actions bears characteristics of international cooperation, in regard to which the United Nations Security Council has adopted Resolution 1373 on 28 September 2001 CE, asking all the countries to cooperate in implementing the prevention and suppression of whatever actions which constitute terrorism, including the provision of support in the form of property or any other form intended to be used for carrying out terrorism, or the assumption of memberships in terrorist entities. As terrorism poses a severe risk which must be quelled through immediate solution, it is an event of emergency in which an urgent, inevitable need to maintain the safety of the Country and the safety of the public is present. Therefore, it is necessary to enact this Emergency Decree.

Bibliography

• "Phra Ratcha Kamnot Kaekhaiphoemtoem Pramuan Kotmai Aya Phoso Song Phan Ha Roi Sisip Hok" [Emergency Decree Amending the Penal Code, 2546 BE]. (2003, 11 August). Ratchakitchanubeksa [Royal Gazette], 120(76A), 1–3. (In Thai).