Thailand Criminal Code : Part 1 / Part 2 / Part 3

    Chapter 2
    Malfeasance in Office

    Section 147 Any official having the duty of purchasing, manufacturing, managing or keeping anything, dishonestly takes things for his own or the other person, or dishonestly allows the other person takes things, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fine of one hundred thousand to forty hundred thousand baht.

    Section 148 Any official doing a wrongful exercise of one's functions, to coerce or to induce any person to deliver or to procure the property or any other benefit for oneself or other person, shall be imprisoned as from five years to twenty years or to life imprisonment, and fined as from one hundred thousand baht to forty hundred thousand baht, or death sentence.

    Section 149 Any official, member of the State legislative Assembly, member of the Provincial Assembly or member of the Municipal Assembly, wrongfully demands, accepts or agrees to accept for himself or the other person a property or any other benefit for exercising or not exercising any of his functions, whether such exercise or non-exercise of his functions is wrongful or not, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fined of one hundred  thousand to four hundred thousand baht, or death sentence.

    Section 150 Any official performing or not performing any act in one's own function in consideration of the property or any other benefit demanded, accepted or agreed to accept by oneself before to be appointed as official in that post, shall be imprisoned as from five years to twenty years or life imprisonment, and fined as from four hundred thousand baht to forty hundred thousand baht.

    Section 151 Any official having the duty in purchasing, execution, management or maintenance of anything by a wrongful exercise of one's functions damaging the State, the Municipality, the Sanitation or the owner of such property, shall be imprisoned as form five years to twenty year or life imprisonment and fined as from four hundred  thousand baht to forty hundred thousand baht.

    Section 152 Any official having the duty of managing or looking after any activity, takes the interest for the benefit of himself or the other person concerning such activity, shall be punished with imprisonment of one to ten years and fine of twenty  thousand baht to two hundred thousand baht.

    Section 153 Any official having the duty to defray chose, having defrayed such chose more than what should be defrayed chose, having defrayed such chose more than what should be defrayed for the benefit of oneself or the other person, shall be imprisoned as from one year to ten years and fined as from twenty thousand baht to twenty hundred thousand baht.

    Section 154 Any official having the duty, or professing to have the duty of collecting or checking taxes, duties, fees or any other money, dishonestly collects or fails to collect such taxes, duties, fees or money, or does any act or does not do any act in order that the person having the duty to pay such taxes, duties or fees shall not have to pay them, or pay less than what such person has to pay, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fine of one hunded thousand to forty hundred thousand baht.

    Section 155 Any official having the duty to assess any of property-value or goods for collection of the taxes, duties or fees according to the law dishonestly, to such property- value or goods so as to such person to have the duty to pay the tax, duties or fees without to pay or to pay less than of which shall be paid by such person, shall be imprisoned as from five years to twenty years or life imprisonment and fined as from one hundred thousand baht to forty hundred thousand baht.

    Section 156 Any official having the duty of checking and auditing accounts according to the law, dishonestly advises or does or does not do any act so as to cause an omission of entry in the accounts, a false entry in the accounts, an alteration in the accounts, or concealment or evidence to be recorded in the entry of the accounts resulting in the non- payment of taxes, duties or fees, or in the payment of less than what such person has to pay, shall be punished with imprisonment of five to twenty years or imprisonment for life, and fined of one hundred  thousand to forty hundred thousand baht.

    Section 157 Any official wrongfully exercises or does not exercise any of his functions to the injury of any person, or dishonestly exercises or omits to exercise any of his functions, shall be punished with imprisonment of one to ten years or fined of twenty thousand to twenty hundred thousand baht, or both

    Section 158 Any official damage, destroy, conceal, take away, lose or render any of property or document to be useless during his duty taking charge or maintaining, or allowing the other person doing so, shall be imprisoned not out of seven years and fined not out of one hundred and  forty  thousand baht.

    Section 159 Any official having the duty of looking after and keeping anything or document, wrongfully does an act by removing, damaging, destroying or rendering a seal or mark stamped to be useless or affixed by the official on such thing or document in the exercise of his functions as evidence of seizing or keeping such thing, or allows the other person to do so shall be punished with imprisonment not exceeding five years or fined not exceeding one hundred thousand baht, or both.

    Section 160 Any official having the duty of keeping or using seals or impressions of the seals of the official service or another person, wrongfully does an act by using such seals or impressions of the seal, or allows the other person to do so to the injury of another person or the public, shall be punished with imprisonment not exceeding five years or fined not exceeding one hundred thousand baht, or both.

    Section 161 Any official having the duty to make the document, to fill the contents in the document or to look after and to keep the document, to forge the document by virtue of the opportunity in exercising one self’s, functions, shall be imprisoned not out of ten years and fined not out of two hundred thousand baht.

    Section 162 Any official having the duty of making a document, receiving a document or filling the contents in a document does any of the following acts in exercising his functions;

    1. To certify that he has done any act or that any act has been done in his presence, which is false
    2. To certify that there is information of a matter of which there is no information
    3. To omit to record a matter which he has the duty to record, or to make alteration

    of such matter in recording it; or

    1. To certify the fact which the document intends to prove as the truth, which is false

    He shall be punished with imprisonment not exceeding seven years and fine not exceeding one hundred and forty thousand baht.

    Section 163 Any official having the duty in the post, telegraph or telephone service, wrongfully does any of the following acts;

    1. Breaking open or allowing the other person to break open the letter or other thing sent by post or telegraph
    2. Damaging, destroying, losing or allowing the other person to damage, destroy or lose the letter or other thing sent by post or telegraph
    3. Detaining, sending astray or delivering to another person to whom he knows not to be addressed the letter or other thing sent by post or telegraph; or
    4. Disclosing any information sent by post, telegraph or telephone

    He shall be punished with imprisonment not exceeding five years or fine not exceeding one hundred thousand baht, or both.

    Section 164 Any official knows or may know secrets of an official, does any act, wrongfully does any acts to let other persons know that secrets shall be punished with imprisonment not exceeding five years or a fine not exceeding one hundred thousand baht or both.

    Section165 Any official having the duty to execute the law or order given for executing the law, to prevent or to obstruct the execution of such law or order, shall be punished with imprisonment not exceeding imprisoned not out of one year or fined not out of twenty-two thousand baht, or both.

    Section 166 Any official, deserts work, or does any act so that the work is interrupted or damaged, by jointly participating with other persons numbering together from five persons, shall be punished with imprisonment not exceeding five years or fined not exceeding one hundred thousand baht, or both.

    If the offense was committed in order to bring about a change in the Law of the country, to coerce the government, or intimidate the public, the offender shall be punished with imprisonment not exceeding ten years and fined not exceeding two hundred thousand baht.

 

Unofficial translation by Chaninat and Leeds, Thai Attorneys