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

    Chapter 3
    Offence of Abortion

    Section 301 Any woman who causes herself to have an abortion or allows another person to have a miscarriage while having more than twelve weeks of gestation shall be liable to imprisonment for a term not exceeding six months or a fine not exceeding ten thousand baht or both.

    Section 302 Whoever procures abortion for a woman with her consent, shall be punished with imprisonment not more than five years or fined not more than ten hundred thousand baht, or both.     

    If such act also causes other grievous bodily harm to the woman, the offender shall be punished with imprisonment not more than seven years or fined not more than one hundred and forty thousand baht, or both.
               
    If such an act causes death to the woman, the offender shall be punished with imprisonment not more than ten years and fined not more than two hundred thousand baht.

    Section 303 Whoever causes abortion for a woman without her consent, shall be punished with imprisonment not more than seven years or fined not more than fourteen thousand baht, or both.
               
    If such act also causes other grievous bodily harm to the woman, the offender shall be punished with imprisonment of one to ten years and fined of two to twenty thousand baht.

                If such act causes death to the woman, the offender shall be punished with imprisonment of five to twenty years and fined of ten to forty thousand baht.

    Section 304 Whoever tries to attempt the offence according to Section 301 or the first paragraph of Section 302, shall not be punished.

    Section 305 If the commission of an offense under section 301 or section 302 is an act of a medical practitioner and in accordance with the rules of the Medical Council in the following cases the offender is not guilty.

    (1) It is necessary to act because if the woman continues to become pregnant, there will be a risk of harm for the physical or mental health of the woman.
    (2) it is necessary to do so because there is a substantial risk or there is a medical reason; It should be believed that if the baby is born there will be abnormalities to the extent of serious disability.
    (3) A woman confirms to a medical practitioner that she is pregnant due to the act. sexual offenses
    (4) a woman whose gestational age is not more than twelve weeks confirms the termination of the pregnancy;
    (5) A woman whose gestational age exceeds twelve weeks; but not more than twenty weeks confirm to terminate

    Pregnancy after examination and alternative counseling from a medical practitioner and other professional practitioners in accordance with the rules and procedures prescribed by the Minister of Public Health with the advice of the Medical Council and relevant agencies under the law on prevention and correction teen pregnancy problems.

 

Unofficial translation by Chaninat and Leeds, Thai Attorneys