Chapter 4
Criminal Liability

Section 59 A person shall be criminally liable only when such person commits an act intentionally, except in case of the law provides that such person must be liable when such person commits an act by negligence, or except in case of the law clearly provides that such person must be liable even though such person commits an act unintentionally.

To commit an act intentionally is to do an act consciously and at the same time the doer desired or could have foreseen the effect of such doing.

If the doer does not know the facts constituting the elements of the offence, it cannot be deemed that the doer desired or could have foreseen the effect of such doing.

To commit an act by negligence is to commit an offence unintentionally but without exercising such care as might be expected from a person under such condition and circumstances, and the doer could exercise such care but did not do so sufficiently.

An act shall also include any consequence brought about by the omission to do an act which must be done in order to prevent such consequence.

Section 60 Whenever any person intends to commit an act against a person, but the effect of the doing of such act occurs to another person through a slip, it shall be deemed that such person intentionally commits such act against the person who suffers from the bad effect of such doing. But, in case of the law provides for the infliction of heavier punishment on account of individual status or the relation between the doer and the person suffering from the bad effect, such law shall not be applied so as to inflict the heavier punishment on the doer.

Section 61 Whenever any person intends to commit an act against a person, but commits such act against another person by mistake, such person may not raise the mistake as an excuse that such person did not intentionally commit such act.

Section 62 Whenever any fact, if really existing, will cause the doing of any act not to be an offence, or the doer not to be punishable, or to receive less punishment, and even though such fact does not really exist, but the doer understands mistakenly that it really exists, the doer shall not be guilty, or shall be exempted from the punishment, or shall receive less punishment, as the case may be.

If ignorance of fact according to the third paragraph of Section 59, or the mistake as to the existence of fact according to the first paragraph has occurred through the negligence of the offender, the doer shall be liable for committing the offence by negligence in case of the law specifically provides that the doer shall be criminally liable for the act though committed by negligence.

A person shall receive heavier punishment on account of any fact only when such person must have known of such fact.

Section 63 If the effect of the commission of any offence causes the doer to receive heavier punishment, such effect must be that which may ordinarily occur.

Section 64 The person shall not be excused from the criminal liability committed by ignorance of law. But, if the Court deems that, according to the conditions and circumstances, the offender may not have known that the law has been prescribed that such act to be an offence, the evidence may be allowed by the Court in order to such person to produce before the Court, and if the doer, whom the Court believes that, does not know what the law has provided, the Court may inflict less punishment to any extent than that prescribed by the law for such offence.

Section 65 Whenever any person commits an offence at the time of not being able to appreciate the nature, or illegality of his act or not being able to control himself on account of defective mind, mental disease or mental infirmity, such person shall not be punished for such offence.

But, if the offender is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, such person shall be punished for such offence, but the Court may inflict less punishment to any extent than that provided by the law for such offence.

Section 66 Intoxication on account of taking liquor or any other intoxicant may not be raised as an excuse under Section 65, except where such intoxication is caused without the knowledge or against the will of the offender, and such person has committed the offence at the time of not being able to appreciate the nature of illegality of his act or not being able to control himself, the offender shall then be exempted from the punishment for such offence. But, if such person is still partially able to appreciate the nature or illegality of his act, or is still partially able to control himself, the Court may inflict less punishment to any extent than that provided by the law for such offence.

Section 67 Any person commit an offence on account of necessity;
(1) When such person is under compulsion or under the influence of a force that such person cannot avoid or resist or
(2) When such person acts in order to make himself or another person to escape from an imminent danger which could not be avoided by any other means, and which such person did not cause to exist through his own fault.

Provide that such offence is not over the necessity, that person shall not receive the punishment.

Section 68 Any person commits any act for defending his own right or other person's right in order to prevent from a danger arising out of violence tortuous to the law and such danger is imminent, if reasonably having committed under the circumstance, such act is a lawful defense, it is considered that such person did not commit an offence.

Section 69 In the cases as provided in Sections 67 and 68, if the act committed is in excess of what is reasonable under the circumstances or in excess of what is necessary, or in excess of what is necessary for the defense, the Court may inflict less punishment to any extent than that provided by the law for such offence. But, if such act occurs out of excitement, fright or fear, the Court may not inflict any punishment at all.

Section 70 Any person does an in accordance with the order of an official, even though such order is illegal, if such doer has the duty or believes in good faith that having the duty to comply with such order, that person shall not punished, unless that person aware that such order is illegal.

Section 71 The offences as provided in Section 334 to Section 336, first paragraph, and Section 341 to Section 364, if they are committed by a husband against his wife, or by a wife against her husband, the offender shall not be punished.

If the aforesaid offences are committed by an ascendant against his descendant, or by a descendant against his ascendant, or by a brother or sister of the same parents against each other, the offences shall, even though not provided by the law as compoundable offences, be deemed as compoundable offences. Moreover, the Court may inflict less punishment to any extent than that provided by the law for such offences.

Section 72 Any person has sudden heat of passion because was seriously maltreated by unjust cause and commit an offence against the maltreating person at that time, the Court may inflict the punishment upon such person any less than punishment as prescribed by the law for such offence.

Section 73 A child not yet over twelve years of age shall not be punished for committing what is provided by the law to be an offence.

Section 74 Whenever a child over twelve years, but not yet over fifteen years of age, commits what is provided by the law to be an offence, he shall not be punished, but the Court shall have the power as follows:

In the case that the Court releases the child to the custody of his parents, guardian, or to the person with whom the child resides according to (2), the Court may determine the conditions for controlling the behavior of the child in the same manner as provided in Section 56 also. In such a case, the Court shall appoint a probation officer or any other official to control the behavior of the child as follows:

(1) To admonish the child and then discharge him. The Court may, as deemed appropriate, summon the parents or guardian of the child or the person with whom the child is residing to give an admonition too.

(2) If the Court has an opinion that the parents or guardian are able to take care of the child, the Court may order the release of the child to the supervision of his parents or guardian by imposing the stipulation that the parents or guardian shall be responsible for the child and the child shall not cause any harm throughout the time prescribed by the Court, but not exceeding three years, and fixing a sum of money, as it deems appropriate, which the parents or guardian shall have to pay to the Court, but not exceeding ten thousand baht for each time such child causes harm.

If the child resides with a person other than his parents or guardian, and the Court does not deem appropriate to summon the parents or guardian to impose the aforesaid stipulation, the Court may summon the person with whom the child resides for inquiry as to whether or not he will accept the stipulation similar to that prescribed for the parents or guardian as previously stated. If the person whom such child resides consents to accept such stipulation, the Court shall order the release the child to the supervision of such person by imposing the aforesaid stipulation.

(3)To send such child to a school or place of training and instruction or a place established for training and giving instruction to children throughout the period of time prescribed by the Court but not longer than the time when such child shall have completed eighteen years of age.

In the case that the Court hands over the child to his parents, guardian or to the person with whom the child resides according to (2), the Court may determine the conditions for controlling the behavior of the child in the same manner as provided in Section 56 also. In such case, the Court shall appoint a probation officer or another official to control behavior of the child.

If the child has no parents or guardian, or has them but the Court has an opinion that they are unable to supervise of such child, or if the child resides with a person other than the parents or guardian, and such person refuses to accept the stipulation mentioned in (2), the Court may give order to release such child to a person or organization, as the Court deems appropriate, to supervise of, to train and to give instruction throughout the period of time prescribed by the Court and when agreed to by such person or organization. In such case, such person or organization shall have the same power as that of the guardian only for the purpose of taking care of, training and giving instruction as well as determining the residence of, and making arrangement for the work to be done by the child, as may be reasonable,

(4) For the Court orders as mentioned in (2), (3)second paragraph and third paragraph, at any time within the period of time prescribed by the Court, it appears to the Court itself, or it appears from the submission of the interested person, the Public Prosecutor, or the person or the organization to whom or which the Court has released the child for supervision training and giving instruction, or the official, that the circumstances relating to such order have changed, the Court shall have the power to amend such order or to issue a new order according to the authority granted pursuant by this Section.

Section 75 When any person over fifteen years but not yet over eighteen years of age commits any act provided by the law to be an offence, the Court shall take into account the sense of responsibility and all other things concerning such person in order to come to decision as to whether it is expedient to pass judgment inflicting punishment on such person or not. If the Court does not deem it expedient to pass judgment inflicting punishment, it shall proceed according to Section 74, or if the Court deems it expedient to pass judgment inflicting punishment, it shall reduce the scale of punishment as provided for such offence by one-half.

Section 76 Any person over eighteen years but not over twenty years of age commits an act as prescribed by the law to be an offence, if the Court deems expedient, it may reduce the scale of the punishment as provided for such offence by one-third or one-half.

Section 77 In case of the Court imposes a stipulation requiring the parents, guardian or the person with whom such child resides with to take care that such child does not cause any harm according to Section 74 (2), if such child causes any harm within the prescribed time, the Court has the power to compel the parents, guardian or the person with whom such child resides to pay a sum of money not exceeding that determined in such stipulation within the time as the Court thinks fit. If the parents, guardian or the person with whom such child resides fail to pay the sum of money, the Court may give an order to seize the property of the parents, guardian or the person with whom such child resides for payment of what must be paid.

In the case that the Court compels the parents, guardian or the person with whom such child resides to pay the sum of money according to such stipulation, if the Court does not amend the order imposing such stipulation according to the last paragraph of Section 74 to be otherwise, such stipulation shall remain in force further until the period of time prescribed in such stipulation terminates.

Section 78 When it appears that there is an extenuating circumstance, whether or not there is an increasing or reduction of the punishment according to the provisions of this Code or the other law, the Court may, if it is suitable, reduce the punishment to be inflicted on the offender by not more than one-half.

The extenuating circumstances may include lack of intelligence, serious distress, previous good conduct, the repentance and the efforts made by the offender to minimize the injurious consequence of the offence, voluntary surrender to an official, the information given or the Court for the benefit of the trial, or the other circumstance which the Court considers to be of similar nature.

Section 79 In the case that the offence shall be punished by fine only, if the person alleged as having committed an offence pays the fine in the maximum rate for such offence before the Court commences to take the evidence, the case shall be lapsed.