Chapter 2
Application of Criminal Laws
Section 2 A person shall be criminally punished only when the act done by such person is specified to be an offence and the punishment is defined by the law in force at the time of the action. The punishment which is to be given to the offender must be specified by the law.
If according to the law as provided afterwards, such act is no more an offence, the person doing such act shall be relieved from being an offender. And if there is a final judgment for the punishment, such person shall be deemed as not has never been convicted by the judgment for committing such offence. If the person is still undergoing the punishment, the punishment shall forthwith terminate.
Section 3 If the law in force at the time of committing the offence is different from that in force after the time of committing the offence, the law which is more favorable in any way to the offender, shall be applied, unless the case is final. But in the case that it is final as follows:
(1) If the offender has not yet undergone the punishment or is undergoing the punishment, and the punishment determined by the judgment is more than that provided by the law afterward, when it appears to the Court from the file of the case, or when the offender, the legal representative or guardian of such person, or the Public Prosecutor makes a request, the Court shall re-determine the punishment according to the law as provided afterward. In re-determining the punishment by the Court, if it appears that the offender has undergone a part of the punishment, the Court may determine less punishment than the minimum punishment as provided by the law afterward if he sees it appropriated. Or if the Court sees that the offender has undergone enough punishment, the Court may release the offender.
(2) If the Court has passed the death sentence upon the offender, but according to the law as provided afterward, the punishment to be inflicted upon the offender is not as high as death, the execution of the offender shall be suspended. It shall be deemed that the death sentence according to the judgment has been changed to be the highest punishment to be inflicted according to the law provided afterward.
Section 4 Whoever, commits an offense within the Kingdom, shall be punished according to law.
The offense committed in any Thai vessel or airplane irrespective of any place shall be deemed as being committed within the Kingdom.
Section 5 Whenever any partial offense is committed within the Kingdom, or the consequence of the commission of which, as intended by the offender, occurs within the Kingdom, or by the nature of the commission of which, the consequence resulting should occur within the Kingdom, or it could be foreseen that the consequence would occur within the Kingdom, it shall be deemed that such offense is committed within the Kingdom.
In case of any preparation or attempt to commit any act provided by the law to be an offence, even though it is done outside the Kingdom, if the consequence of the doing of such act, when carried through to the stage of accomplishment of the offence, will occur within the Kingdom, it shall be deemed that the preparation or attempt to commit a such offence is done within the Kingdom.
Section 6 Any offence that has been committed within the Kingdom, or has been deemed by this Code as being committed within the Kingdom, even though the act of a co-principal, a supporter or an instigator in the offence has been committed outside the Kingdom; it shall be deemed that the principal, the supporter or the instigator has committed the offence within the Kingdom.
Section 7 Whoever committed such an offense outside the Kingdom, must receive punishment in the Kingdom;
(1) Offences related to the Security of the Kingdom as provided in Sections 107-129
(1/1)5 The offense in respect of Terrorization as prescribed by Section 135/1, Section 135/2, Section 135/3, and Section 135/4
(2) Offenses related to and Alteration as provided in Section 240- 249, Section 254, Section 256, Section 257, and Section 266 (3) and (4)
(2
bis) Offenses related to Sexuality as provided in Section 282 and Section 283
(3) Offenses related to Robbery as provided in Section 339, and Offences related to Gang-Robbery as provided in Section 340 which is committed in the high sea
Section 8 Whoever commits an offense outside the Kingdom, and
a) The offender is a Thai and the request for punishment was made by the country where the offense is taken place or the injured person or
b) The offender is an alien and the Thai Government or a Thai is an injured person and there is a request for punishment by the injured person.
If such offense is any of the offenses specified as followed then the punishment shall be made within the Kingdom;
(1) Offenses related to the Cause of Public Dangers as provided in Section 217, Section 218, Section 221- 223 except the case related to the first paragraph of Section 220, and Section 224, Section 226, Section 228- 232, Section 237, and Section 233 - 236 only when it is the case to be punished according to Section 238;
(2) Offences related to Documents as provided in Section 264, Section 265, Section 266 (1) and (2), and Section 268 except the case related to Section 267 and Section 269
(2/1)7 Offenses related to Electronic Cards as provided in Section 269/1- 269/7
(2/2) Offenses related to Passport as prescribed in Section 269/8-269/15
(3) Offenses related to Sexuality as provided in Section 276, Section 289, and Section 285 only for the case that related to Section 276
(4) Offenses against Life as provided in Section 288- 290
(5) Offenses against Body as provided in Section 295-298
(6) Offenses of Abandonment of Children, Sick or Aged Persons as provided in Section 306-308
(7) Offenses against Liberty as provided in Section 309, Section 310, Section 312-315, and Section 317-320
(8) Offenses of Theft and Snatching as provided in Section 334-336
(9) Offenses of Extortion, Blackmail, Robbery, and Gang-Robbery as provided in Section 337-340
(10) Offenses of Cheating and Fraud as provided in Section 341-344, Section 346 and Section 347
(11) Offenses of Criminal Misappropriation as provided in Section 352-352
(12) Offenses of Receiving Stolen Property as provided in Section 357
(13) Offenses of Mischief as provided in Section 358-360
Section 9 Thai Government Officials who committed crimes as provided in Section 147-166 and Section 200-205 outside the Kingdom shall receive punishment within the Kingdom.
Section 10 Whoever takes an action which is perceived as an offense as specified in Section 7(2) and (3), Section 8, and Section 9 outside the Kingdom, shall not be punished again in the Kingdom for the doing of such act, if;
(1) There is a final judgment from the Foreign Court to acquit such person or
(2) There is a judgment from Foreign Court convicting such person and that a person has already passed over the punishment.
If the sentenced person has suffered the punishment for the doing of such crime according to the judgment of the Foreign Court, but such person has not passed over the punishment, the Court may inflict less punishment to any extent than that provided by the law for such offense, or may not inflict any punishment at all, by having regard to the punishment already suffered by such person.
Section 11 Whoever commits an offence within the Kingdom, or commits an offence deemed by this Code as being committed within the Kingdom, and if such person has suffered the punishment in whole or in parts for such offence according to the judgment of the Foreign Court, the Court may inflict less punishment to any extent than that provided by the law for such offence, or may not inflict any punishment at all, by having regard to the punishment already suffered by such person.
In the case that the offender has committed the offence in the Kingdom or has committed an offence deemed by this Code as being committed within the Kingdom, and has been prosecuted in the Foreign Court as the request of the Thai Government, such person shall not be punished again in the Kingdom for such offence, if;
(1) There is a final judgment from the Foreign Court to acquit such person or
(2) There is a judgment from Foreign Court convicting such a person and that person has already passed over the punishment.
Section 12 The measures of safety are applicable to any person only when there are provisions of law for their application, and the law which will be applied shall be the law in force at the time when the Court passes judgment.
Section 13 If the provisions of the law as prescribed afterward have repealed any measure of safety, and any person is still subjected to such measure of safety, the Court shall give the order to repress the application of the such measure of safety when the file of a case appears to the Court, or when such person, legal representative of such person or guardian of such person or the Public Prosecutor makes the request.
Section 14 In the case of any person is subject to any measure of safety, and the provisions of the law as provided afterward have been modified the conditions for the application of such measure of safety with the result that it may not be applicable to the case of such person, or that it may be applicable, but the application of the such measure of safety according to the provisions of the law as provided afterward is more favorable to such person, the Court shall have the power to give the order as it thinks fit., when it appears to the Court from the file of the case, or when such person, the legal representative or guardian of such person, or the Public Prosecutor makes a request to the Court to provoke to revoke the application of the such measure of safety or makes a request to take the consequence according to the provision of such law, as the case may be.
Section 15 Whenever, according to the provision of the law as provided afterward, any punishment has been changed to be a measure of safety, and there is a judgment inflicting such punishment on any person, it shall be deemed that the inflicted punishment is also a measure of safety.
In the case mentioned in the first paragraph, if the punishment is not yet inflicted upon such person, or such person is still undergoing the punishment, the measure of safety shall be applied to a such person further. If according to the provisions of the law as provided afterward, there is any condition for giving the order for the application of the measure of safety which may not be applicable to such person, or may be applicable but the application of the measure of safety according to the provisions of the law as provided afterward is more favorable to such person, the Court shall have the power to give the order, as it thinks fit, when it appears to the Court from the file of the case, or when such person, the legal representative or guardian of such person, or the Public Prosecutor makes a request to the Court to revoke the application of the measure of safety or makes a request to take the consequence according to the provisions of such law, as the case may be.
Section 16 When the Court gives judgment to apply a measure of safety to any person, if it appears afterward to the Court from the submission of the such person himself, the legal representative or guardian of such person, or the Public Prosecutor that the circumstances concerning the application have changed from formerly. The Court may revoke or temporarily suspend the application of the measure of safety to such person, as it thinks fit.
Section 17 The provisions in Book 1 of this Code shall be applied in the case of offense according to the other laws as well, provided that such laws will have been prescribed otherwise.
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